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HomeMy WebLinkAbout05-15-09Neil Warner Yahn, Esquire Attorney I.D. No. 82278 Edward P. Seeber, Esquire Attorney I.D. No. 76084 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Petitioner IN RE: IN THE COURT OF COMMON PLEAS ESTATE OF ELEANOR HASELHUHN, :CUMBERLAND COUNTY, PENNSYLVANIA A/K/A HELEN ELEANOR HASELHUHN DEVON HASELHUHN, Petitioner v. WACHOVIA BANK, N.A., GARY E. FRENCH, Esquire Respondents ORPHANS' COURT DIVISION NO. 1126 Year 2008 ,~ ~ ~~, Y ~ ~ -7 -V ~_ 1 .~.i -~: , - ? _. cn ;~ ... --q-, ~-, `? _y ~.~~ ~, PETITION FOR PROPOSED DISTRIBUTION AND OBJECTIONS TO RELEASE AND NOW comes the Petitioner, DEVON HASELHUHN (herein "Petitioner"), by and through her attorneys JAMES, SMITH, DIETTERICK AND CONNELLY, LLP, and hereby files this Petition for Proposed Distribution and Objections to Release for the reasons set forth below: 1. Petitioner, is an adult individual residing at 422 East Winding Hill Road, Mechanicsburg, Pennsylvania, 17055 and the granddaughter of the decedent, Eleanor Haselhuhn a/k/a Helen Eleanor Haselhuhn (herein the "Decedent"). 2. Decedent died on October 13, 2008 a resident of Cumberland County, Pennsylvania. cam, 3. Decedent's husband, Donald H. Haselhuhn, predeceased her and the couple had two children, namely Michael Haselhuhn (herein "MichaeP') and Mary Ann Haselhuhn, now Mary Ann Mohr (herein "Mary Ann") 4. Michael also predeceased the Decedent. 5. Petitioner is the daughter and only child of Michael. 6. As a result, Petitioner and Mary Ann are the sole beneficiaries of Decedent's Estate (herein the "Estate") 7. Decedent's Last Will and Testament dated July 11, 1991 and Codicil dated August 19, 2006 (herein the "Will' collectively) were admitted to probate by the Register of Wills of Cumberland County, Pennsylvania. A true and correct copy of the Will is attached as Exhibit «A„ 8. On or about November 26, 2008, Alan Kotz (the Decedent's brother-in-law), Gary E. French, Esq., and Respondent, Wachovia Bank, N.A. (herein by name or collectively as the "Respondents"), were appointed Co-Administrators of the Estate. 9. On or about March 15, 2009, Alan Kotz was discharged as a Co-Administrator due to physical incapacity, and since said date, Gary E. French, Esq. and Wachovia Bank, NA serve as Co-Administrators. 10. The Petitioner and MaryAnn share equally under the probate assets that pass under the Will. 11. As of February 1, 2009, Decedent's Estate contained Five Million Four Hundred Twenty Two Thousand Five Hundred Forty Six Dollars and Twenty Cents of assets ($5,422,546.20). 12. Petitioner is desirous of receiving a Three Hundred Thousand ($300,000.00) interim cash distribution to purchase a house for her mother, provided however, contemporaneous with the filing of this pleading, Petitioner is filing a pleading against Mary Ann for unduly -2- influencing the Decedent into transferring various accounts into joint name with her and changing various designated beneficiary forms for certain annuities. 13. In response to Petitioner's request for the distribution, Respondents sent Petitioner a Family Settlement Agreement which included a schedule of proposed distribution set forth as Exhibit «B„ 14. In particular, the Respondents have reported MaryAnn as the rightful owner of assets held in joint accounts with the Decedent totaling in excess of $2,400,000 (herein "Joint Property") and as further described in the attached Federal Estate Tax Return Form 706 set forth as Exhibit "C" (specifically Schedule E thereof) (herein "Estate Tax Return"). 15. In addition, Respondents have reported MaryAnn as the designated beneficiary of certain Annuities totaling approximately in excess of $300,000 as further compiled on Schedule I of the Estate Tax Return. 16. Mary Ann will receive approximately another $1,024,826 of Probate assets passing under the Will. 17. Petitioner has filed objections to the Joint Account and Annuity Designated Beneficiary Forms against Mary Arai contemporaneous with this pleading, citing undue influence on the Decedent. 18. Pending the adjudication of the claims filed in the Petition for Relief, Petitioner request the interim distribution be completed and the claims against Mary Ann preserved which maybe arguably waived by executing the Family Settlement Agreement. -3- WHEREFORE, Petitioners respectfully request this Honorable Court to award a Citation directed to the Respondents to show cause why the Interim Distribution should not be made to the Petitioner to purchase certain real property and such other relief as the Court deems proper. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Date: May iS, 2009 By: Neil . Ya ,Esq. Atto ey I.D. No. 82278 Ed and P. S ber Atto ey I. . No. 76084 134 Sipe venue Hummelstown, PA 17036 (717) 533-3280 Attorney for Petitioner -4- VERIFICATION I, Devon Haselhuhn, verify that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: _~/~~y~ ~ -- DEVON HA LHUHN LAST WILL AND TESTAMENT OF ELEANOR HAS ELHUHN I, ELEANOR HASELHUHN, of the Borough .of Camp Hill, Cumberland County, Pennsylvania, do hereby make this my Last Will and Testament, revoking any former Wills and Codicils made by me. FIRST: I am married to Donald H. Haselhuhn, and all refer- ences to my husband in this Will are to him. I have two chit= dren: Michael Haselhuhn (born March 19, 1953); and Mary Ann Haselhuhn (born June 17, 1956). These and any other children born to or adopted by my husband and me are described in this Will as "my children," or as "a chil d of mine." Any person born to or adopted by a child of mine is described in this Will as the "issue" of a child of mine. Provided, however, no adopted person shall benefit hereunder unless the order or decree of adoption is entered before such adopted person attains the age of twenty-one (21) years. SECOND: I make the following specific bequests: (1) I give my tangible personal property and all insurances thereon to my husband, Donald H. Haselhuhn, or, if he does not survive me, I give my china, silver, breakfront and the contents thereof to my daughter, Mary Ann Haselhuhn, and the balance of said tangible personal property to my children who are living at my death to be divided equitably among or between them as they may determine, or, if they are unable to agree, as my -1- EXHIBIT Executor shall determine, after considering the wishes of such children. I have complete confidence that my husband, my children or my Executor will honor any written instructions that I may leave with regard to said tangible personal property. Any such property not so distributed shall be sold, and the proceeds added to my residuary estate to pass as hereafter described. (2) If my husband, Donal d H. Haselhuhn, predeceases me, I give and bequeath unto the National Multiple Sclerosis Society, Central Pennsylvania Chapter, without restriction as to use, cash, securities or other property in an amount equal to ten percent (10%) of my gross estate as finally fixed in the federa-1 estate tax pro- ceeding for my estate. THIRD: If my husband, Donald H. Haselhuhn, shall survive me, I bequeath to my Trustee, hereinafter named, IN TRUST NEVERTHELESS, cash, securities or other property in the amount described below to be known as the "Bypass Gift." My Executor or my Trustee shall divide the Bypass Gift into two separate, equal shares, one share to be known as the "Non-Skip Trust", and the other share to be known as the "Skip Trust." As hereinafter provided, my Executor or my Trustee shall, if necessary, further subdivide the Skip Trust in order to create a separate trust to be known as the "Overflow Trust." (1) The Bypass Gift shall be $600,000, subject however, to Paragraphs (2) and (3) below. (2) The Bypass Gift shall increase or decrease, based upon the availability of my federal unified credit for estate and -2- gift taxes and the maximum allowable federal estate tax credit for state death taxes (but only to the extent that the use of such state death tax credit does not increase the death tax payable to any state), whether due to statutory changes, lifetime gifts in excess of the federal unified estate and gift tax exemption-equivalent amounts, or any other transfer which affects. the availability of my federal credits aforesaid. (3) The Bypass Gift shall decrease., even to zero, if necessary to reduce federal estate tax payable as a result of my death to zero (excluding, however, any federal estate tax due as a result of an excess retirement accumulation under Section 4980A of the Internal Revenue Code of 1986, as amended, or such similar section as may then be in effect), considering that my intention is to fund the Bypass Gift by using my available federal unified credit for estate and gift taxes and my federal estate tax credit for state death taxes and to eliminate federal estate tax on the balance of my federal taxable estate by using the federal estate tax unlimited marital deduction. FOURTH: I give, .devise and bequeath the rest, residue and remainder of my estate, real and personal, to my husband. Should he not survive me, I give, devise and bequeath such rest, residue and remainder to my Trustee, hereinafter named, IN TRUST NEVER- THELESS, to be held, administered and distributed for all purpos- es as part of the Bypass Gift. C1t~t ~j /`~ ..~-t/ -3- FIFTH: The Non-Skip Trust sha 11 be held, administered and distributed as follows: (1) My Trustee shall pay to or apply for the benefit of any one or more of my husband, my daughter, Mary Ann .Haselhuhn, and her issue, until division into shares pursuant to Paragraph (5), all of the net income from the Non-Skip Trust in convenient installments in such shares and proportions as my Trustee in its sole discretion shall .determine primarily for the medical care, education, support and maintenance in reasonable comfort of my said husband, my daughter, Mary Ann Haselhuhn, and her issue, taking into consideration to the extent my Trustee deems advisable any other income or resources of my said husband, my daughter, Mary Ann Haselhuhn, and her issue, known to my Trustee, considering that my husband is the primary object of my bounty. (2) Prior to division into shares pursuant to Para- graph (5), my Trustee may pay to or apply for the benefit of any. one or more of my said husband, my daughter, Mary Ann Haselhuhn, and her issue, such sums from the principal of the Non-Skip Trust in such shares and proportions as in its sole discretion shall be necessary or advisable from time to time for the medical care, education, support and maintenance in reasonable comfort of my said husband, my daughter, Mary Ann Haselhuhn, and her issue, taking into consideration to the extent my Trustee deems advis- able any other income or resources of my said husband, my daugh- -4- ter, Mary Ann Haselhuhn, and her issue, known to my Trustee; considering that my husband is the primary object of my bounty. Any payment or application of benefits for a beneficiary pursuant to this Paragraph. shall be charged against this Trust as a whole rather than against the ultimate distributive share of such beneficiary to whom or for whose benefit the payment is made. (3) In addition to the income and discretionary payments of principal from this Trust, there .shall be paid to my said husband during his lifetime from the principal of this Trust upon his written request during the last month of each fiscal year of the Trust an amount not to exceed during such fiscal year the amount of -Five Thousand. Dollars ,~'~#~ - ($5, 6D0)~ or five percent (50) of the aggregate value of the principal of the Non-Skip Trust on the last day of such fiscal year without reduction for the principal payment for such fiscal year, whichever is greater. This right of withdrawal is noncumulative, so that if my said husband does not withdraw, during such fiscal year, the full amount to which he is entitled under this Paragraph, his right to withdraw the amount not withdrawn shall lapse at the end of that fiscal year. (4) My husband shall have a special power to appoint all or any portion of the Non-Skip Trust during his lifetime by written document, delivered to my Trustee, referring expressly to this Article, or by Will, validly executed and attested referring expressly to this Article, among such other person or persons -5- hereinafter named or described absolutely or in trust, as he may indicate. This special power of appointment is exercisable only in favor of a child of mine as described in this Will (including Michael Haselhuhn) or to the issue of any such child. My afore- said husband shall have no power to appoint the principal of this fund or income accumulated thereon to himself, his estate, to his creditors, or to the creditors of his estate. My Trustee may rely upon an attested Will probated in any state that otherwise meets the requirements of this Paragraph. (5) In default of the exercise of such power of appointment by my said husband, or insofar as any part of the Non-Skip Trust shall not be effectively appointed, then upon the death of my said husband, the entire remaining principal of the Non-Skip Trust, or the part of such trust not effectively ap- pointed shall be distributed to my daughter, Mary Ann Haselhuhn, or to her then-surviving issue, per stirpes, otherwise to my then-surviving issue, per stirpes. Provided, however, that my Trustee may, in its sole and absolute discretion, add such property to the Skip Trust hereinafter provided {for the benefit of my issue). (6) If at the time of my death, or at any later time prior to final distribution hereunder, my said husband and all my issue are deceased and no other disposition of the property is directed by the Non-Skip Trust, then and in that event only, the then-remaining property of this Trust, together with any undis- ~r ~'-~~Z~-rte iZ~~-ems u~'.~~ -6- tributed income, shall be divided and paid over and distributed one-half (;) to those persons then living who would then be my .heirs, their identities and respective shares to be determined in accordance with the law then in effect in the Commonwealth of Pennsylvania, as if I had then died intestate, and one-half (_) to those persons then living who would then be my husband's heirs, their identities and respective shares to be determined in accordance with the law then in effect in the Commonwealth of Pennsylvania, as if he had then died intestate. SIXTH: The Skip Trust shall be divided, held, administered and distributed as follows: (1) My Executor or my Trustee shall fund the Skip Trust with the largest fractional share of principal that can pass free of federal generation-skipping transfer (GST) tax by the use of my GST exemption provided in Section 2631 of the Internal Revenue Code of 1986, as amended, as in effect at the time of my death, reduced by the aggregate amount, if any, of such GST exemption allocated to my lifetime transfers. For the purposes of establishing such amounts, the values finally fixed in the federal estate tax proceeding for my estate shall be used. The fractional share not passing to the Skip Trust, if any, shall constitute the "Overflow Trust", which shall be held, adminis- tered and distributed as a separate trust according to the terms of Paragraphs (2) through (7) of this Article, except that the life beneficiary shall, in addition, have a testamentary special -7- power to appoint the Overflow Trust among such life beneficiary's issue or to such life beneficiary's creditors, or to the credi- tors of his estate. Such life beneficiary shall have no power to appoint to himself or to his estate. My Trustee ,may rely upon a Will probated in any state so long as the Will contains a specific reference to this Article. I recognize .that the Skip Trust may absorb the entire trust estate, in which case the Overflow Trust shall not be funded. (2) My Trustee shall pay to or apply for the benefit of my husband and my son, Michael Haselhuhn (hereinafter the "life beneficiary"), and his issue, all of the net income in convenient installments and so much of the principal of the trust estate as my Trustee in its sole discretion shall determine for the education, medical care, support and maintenance in reason- able comfort of my husband and such life beneficiary, and his issue, taking into consideration to the extent my Trustee deems advisable, any other income or resources of my husband and such life beneficiary, and his issue, known to my Trustee. I autho- rize but do not require my Trustee to distribute so much of the principal of the trust estate as my Trustee shall determine in its sole discretion to enable the life beneficiary, or his issue, to acquire a principal residence, or to acquire a business in which such beneficiary actively participates. (3) In exercising the discretions conferred by this Article, I suggest to my Trustee, but do not require, that my ~~C~-~2~'--~--cw ~~~-Qom'-~°_~LC~ -8- Trustee make distributions to my husband only after he has exhausted other sources and assets available to him (excluding the Non-Skip Trust). I further suggest, but do not require, that my Trustee distribute approximately thirty percent (300) of the net income of the trust estate to or for the benefit of the issue of the life beneficiary and the remaining net income to or for the benefit of the life beneficiary. Nevertheless, the discre- tion of my Trustee shall be absolute in all matters of distribu- tion, including both principal and income distributions. (4) Upon the death of my husband and upon the death of the life beneficiary, the Trustee may pay the-expenses of his last illness, and funeral and burial expenses, if the estate of my husband, or of the life beneficiary should be inadequate or inappropriate for the purpose. (5) Upon the death of the life beneficiary, the principal of the trust estate, including any income that may be accrued or undistributed, shall be distributed to or among such of the living issue of the life beneficiary as he shall specifi- cally appoint in his Last Will and Testament by specific refer- ence to this Article. The life beneficiary shall have no power to appoint such trust property and accumulated income to himself, to his estate, to his creditors or to the creditors of his estate. (6) In default of the exercise of such power of appointment by the life beneficiary, or insofar as any part of -~.~ -9- the trust estate, including any income that may be accrued or undistributed, shall not be effectively appointed, then upon the death of said life beneficiary, the entire remaining part or all of the trust principal, including any income that. may be accrued or undistributed, shall be divided into separate equal shares so as to provide one (1) share for each then-living child of the life beneficiary and one (1) share for each deceased child of the life beneficiary who shall leave issue then living. Each such separate equal share shall be distributed free of all trusts created hereunder except for the continuing trust protection provided in Article Seventh hereof. -The share provided for each deceased child of the life beneficiary who shall leave issue then living shall be distributed per stirpes to such issue, subject, however, to the continuing trust protection provided in Article Seventh hereof. (7) If the life beneficiary shall die without leaving issue then living, then the entire remaining part or all of the principal of the trust estate including any income that may be accrued or undistributed, shall be distributed per stirpes among my issue living at the date of such distribution (or otherwise to those persons described in Paragraph (6) of Article Fifth above), subject, however, to the continuing trust protection provided in Article Seventh hereof. i -10- SE- VEAlTH: (1) If any share hereunder becomes distributable to a beneficiary who has not attained the age of twenty-five (25) years, then my Trustee shall retain possession of such share in trust for such beneficiary until such beneficiary attains the age of twenty-five (25) years, using so much of the net income and principal of such share as my Trustee deems necessary to provide for the proper medical care, education, support and maintenance in reasonable comfort of such beneficiary, taking into consider- ation to the extent my Trustee deems advisable any other income or resources of such beneficiary or his or her parents known to my Trustee. Any income not so paid or applied may be accumulated and added to the principal. (2) I authorize but do not require my Trustee to distribute so much of the net income or principal of such share as my Trustee shall determine in its sole discretion to enable such beneficiary to acquire a principal residence or to acquire a business in which such beneficiary actively participates. Such beneficiary's share shall be paid over and distributed to such beneficiary upon attaining the age of twenty-five (25) years, or if he or she shall sooner die, to his or her executors or admin- istrators. I recommend that my Trustee consider distributing all income from such share to such beneficiary when such beneficiary attains the age of twenty-one (21) years. My Trustee shall have with respect to each share so retained all the powers and ~' ~ -, j -11- discretions had with respect to the trusts created herein generally. EIGHTH: Anything in this Will to the contrary notwithstanding, no trust created herein shall continue beyond twenty-one (21) years after the deaths of one, the last to die of my issue living at the time of my death; and two, all issue, living at the time of my death, of the individual serving as President of the United States at my death and all issue, living at the time of my death, of said indi- vidual's five (5) immediate predecessors in said office; upon the expiration of such period, all trusts shall terminate and all the assets thereof shall be distributed to those beneficiaries (and in the same proportions) as are then entitled to receive the income therefrom. NINTH: If any beneficiary and I should die under such circum- stances as would render it doubtful whether the beneficiary or I died first, then it shall be conclusively presumed for the purposes of this my Will that said beneficiary predeceased me. TENTH: (1) I name as my Executor my husband, Donald H. Haselhuhn. If he is unable or unwilling to serve, I name Hamilton Bank, 3516 Market Street, Camp Hill, Cumberland County, Pennsylvania, Heath L. Allen, Camp Hill, Cumberland County, Pennsylvania, and my brother-in-law, Allen Kotz, as my Co-Executors. I direct that my Executor or my alternate Co-Executors, herein referred to as my Executor regardless of number or gender, serve without bond in any jurisdiction in which called upon to act. -12- (2) I name Hamilton Bank, Heath L. Allen and Allen Kot2 as my Co-Trustees. I direct that my Co-Trustees, herein referred to as my Trustee regardless of number or gender, serve without bond in any jurisdiction in which called upon, to act. (3) I designate Cumberland County, Pennsylvania, as the situs of all trusts created hereunder. Should either indi- vidual Co-Trustee or alternate Co-Executor be unable or unwilling to serve in a fiduciary capacity, Heath L. Allen, or the law firm with which he is associated or was last associated, shall select as successor co-fiduciary a practicing attorney or certified public accountant who resides in Cumberland County, Pennsylvania. It is my intention that two (2) individuals will serve with Hamilton Bank as my Co-Trustees at all times, and that at least one of these individuals will be a resident of Cumberland County, Pennsylvania. (4) For services as Executor and Trustee, my Executor and Trustee shall receive reasonable compensation. ELEVENTH: (1) I give to any Executor and to any Trustee named in this Will or any Codicil hereto or to any successor or substitute Executor or Trustee all of the powers enumerated in this Will and all of the powers applicable by law to fiduciaries in the Commonwealth of Pennsylvania and in particular through the Pennsylvania Probate, Estates and Fiduciaries Code, as effective and as in effect on the date hereof, during the administration and until the completion of the distribution of my estate, and --, -13- until the termination of all trusts created in this Will or any Codicil hereto and until the completion of the distribution of the assets of such trusts. I direct that all .such powers shall be construed in the broadest possible manner and shall be exer- cisable without court authorization. (2) In determining the federal estate and income tax liabilities of my estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as federal estate tax deductions or as federal income tax deduc- tions and shall have the discretion to file a. joint income tax return with my husband. (3) If at any time any trust created hereunder (or any share thereof if the trust shall have been divided into shares) shall be of such value that, in the opinion of my Trustee, the administration expense of holding the assets contained therein in trust is not justified, my Trustee, in its absolute discretion, may terminate such trust and distribute the trust property to the person or persons then entitled to receive or have the benefit of the income therefrom or the legal representative of such person. If there is more than one income beneficiary, my Trustee shall make such distribution to such income beneficiaries in the proportion in which they are beneficiaries or if no proportion is designated in equal shares to such beneficiaries. ~i~ ~, -14- (4) My Executor and Trustee are .authorized and empow- ered to acquire and to retain, either permanently or for such period of time as my Executor or Trustee may determine, any assets, including the capital stock of any closely held corpora- tion, whether such assets are or are not of the character ap- proved or authorized by law for investment by fiduciaries and whether such assets do or do not represent an overconcentration in one investment. (5) My Executor and my Trustee are authorized and empowered to disclaim any interest, in whole or in part, of which I; my Executor, or my Trustee, may be the beneficiary, devisee, or legatee, by executing an appropriate instrument (in accordance with section 2518 of the Internal Revenue Code of 1986, as amended, or such similar section as may then be in effect). (6) My Executor and Trustee are authorized and empow- ered to sell at public or private sale, or exchange, and to encumber or lease, for any period of time, any real or personal property and to give options to buy or lease any such property. Additionally, my Executor and Trustee are authorized and em- powered to compromise claims, to borrow from anyone (including a fiduciary hereunder) and to pledge property as security therefor, to make loans to and to buy property from anyone (including a fiduciary or beneficiary hereunder); provided that any such loans shall be adequately secured and at a fair interest rate. -15- (7) My Executor and Trustee are authorized and empow- ered to allocate property, charges on property, receipts and income among and between principal or income, or partly to each, without regard to any law defining principal and income. TWELFTH: (1) My Trustee may hold any property distributed to it hereunder, whether by my Executor or otherwise, in one or more separate trusts, either on identical terms or, to the extent that the terms of the trust are severable into distinctly sepa- rate shares, on terms reflecting such separate shares. Further- more, my Executor may, by an instrument in writing delivered to my Trustee, direct my Trustee to hold a specified portion of a trust created hereunder as a separate trust. Any such direction shall be effective as of the date of my death. (2) My Trustee may,. at any time and from time to time, divide any trust hereunder into two or more separate trusts (based on the fair market value of the trust assets at the time of the division) and combine two or more trusts hereunder with substantially identical terms (whether or not such trusts were previously separated from one trust). (3) If a trust is held as, or divided into, separate trusts, my Executor~or my Trustee, as the case may be, may, at any time prior to a combination of such trusts, (a) make differ- ent tax elections (including the allocation of the GST exemption) with respect to each separate trust, (b) expend principal and exercise any other discretionary powers with respect to such ~~~~r ~~Cd.~~c~ -16- separate trusts differently, (c) invest such separate trusts differently, and (d) take all other actions consistent with such trusts being separate entities. Further, the donee of any special power of appointment, if applicable, with respect to a trust so divided may exercise such power differently with respect to the separate trusts created by the division. (4) I anticipate that my Executor or my Trustee, as the case may be, may hold property as one or more separate trusts or divide trusts hereunder for both tax and administrative reasons. For example if my Executor decides to allocate .some or all. of my GST exemption to any trust created .under the Bypass Gift, my Trustee may determine it to be desirable to create separate trusts in order that no trust hereunder has an inclusion ratio (as defined in Section 2642(a)(1) of the Internal Revenue Code of 1986, as amended) other than zero or one. (5) I exonerate my Executor and my Trustee from any liability arising from any exercise or failure to exercise these powers, provided the actions (or inactions) of my Executor or my Trustee are taken in good faith. THIRTEENTH: No person who at any time is acting as a co- trustee (if any) hereunder shall have any power or obligation to participate in or to exercise any discretionary authority that I have given to my Trustee to pay principal or income to such person, or for his or her benefit or in relief of his or her ~~ lG~~~ ~~ ~~~~~~ i ~~ -17- legal obligations. Such discretionary authority shall be exer- cised solely by the disinterested co-trustee. FOURTEENTH: No interest of any beneficiary under this Will, any Codicil hereto, or any trust created herein, shall be subject to anticipation or to voluntary or involuntary alienation. FIFTEENTH: All estate, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property comprising my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid out of the residue of my estate, as if such taxes were expenses of administration, without apportionment or right of reimbursement. I authorize my Executor and Trustee to pay all such taxes at such time or times as deemed advisable. IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and Testament this ~`~"!J day of ~~r"<"c'~:~-~..~ t" , 1991 . ELEANOR HASELHUHN - (SEAL) SIGNED, SEALED, PUBLISHED, and DECLARED by ELEANOR HASELHUHN, as and for her Last Will and Testament, on the day and year last above written, in the presence of us, who, at her request, in her presence, and in the presence of each other, a"11 being present at the same time, have hereunto subscribed our names as witnesses: -18- SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. WE, ELEANOR HASELHUHN and HEATH L. ALLEN and ELEANOR M. ALLEN 'the Testatrix and the witnesses, respectivel to the attached or foregoing instrument,ybeingsfirstedul re signed do hereby declare. to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that she had signed willingly (willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix,, signed the Will as witness and to the best of his or her knowledge the Testatrix was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. ~~f"~ "r`..1 ~`~c ELEANOR HASELHUHN, Testatrix Witness ~~°~* 'L ~~ .'I~~ jrF Witness ~ r Witness Subscribed, sworn to, and acknowledged before me by ELEANOR HASELHUHN, the Testatrix, and subscribed and sworn to before me by _~;ATH T, nr r ~rT ' and ~T,F.ANnR M nr r err witnesses , this 11th day of July 1991. ~ ~: Notary P~alblic NOTARIAL SEAL KATI-IR'/tJ C. HOLLINGER, Notary PubliO Harrisburg, Dauphin County -19- -`A COn7M1u91Un (Lx fires Febr~ar,_~3, 1995 Delete the following paragraph from the last will and testament of Eleanor Haselhuhn: Number Two If my husband, Donald H. Haselhuhn, pre-deceases me, I give and bequeath unto the National Multiple Sclerosis Society, Central Pennsylvania Chapter, without restriction as to use, cash, securities or other property, in an amount equal to ten percent (10%) of my gross estate as finally fixed in the federal estate tax proceedings for my estate. Signed ~ j ''~~-/~i~~~~-~~a~ ~ ~ / y ~- ~ ~ Witnesses ~~~ ~ ~!~a-~~ i ~ ~~~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal i Michelle C. Quaca, Notary Public Camp Hill Boro, Cumberland County ~~/~~//o ~ ~A~~~ My commission E~ires July 30, 2010 Z. ~/ Member, Pennsylvania Association of Notaries IN RE: : IN THE .COURT OF COMMON PLEAS ESTATE OF ELEANOR HASELHUHN, :CUMBERLAND COUNTY, PENNSYLVANIA A/K/A HELEN ELEANOR HASELHUHN :ORPHANS' COURT DIVISION No. 1126 Year 2008 CONSENT TO FAMILY SETTLEMENT AGREEMENT DEVON HASELHUHN hereby consents to the Family Settlement Agreement (the "Agreement'), and acknowledge that a copy of the Agreement, including all Exhibits thereto, has been provided to her. DEVON HASELHUHN COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this, the day of May, 2009, before me, the undersigned officer, personally appeared DEVON HASELHUHN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same, in the capacities indicated, as her free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I have set my hand and official seal. Notary Public Page -12- EXHIBIT IN RE: : IN THE COURT OF COMMON PLEAS ESTATE OF ELEANOR HASELHUHN, :CUMBERLAND COUNTY, PENNSYLVANIA A/K/A HELEN ELEANOR HASELHUHN :ORPHANS' COURT DIVISION : No. 1126 Year 2008 FAMILY SETTLEMENT AGREEMENT THIS AGREEMENT made this ~ day of May, 2009: WITNESSETH: I. THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: 1. Eleanor Haseihuhn a/k/a Helen Eleanor Haselhuhn (the "Decedent"), a widow, died testate on October 13, 2008, a domiciliary of Cumberland County Pennsylvania. 2. The Decedent's Last Will and Testament dated July 11, 1991 and Codicil dated August 19, 2006 (collectively, the "Will") were admitted to probate by the Register of Wills of Cumberland County, Pennsylvania (the "Register"). A true and correct copy of the Will is attached hereto as Exhibit "A," and is incorporated herein by reference. 3. On November 26, 2008, the Register duly appointed Alan Kotz a/k/a Allen Kotz, Gary E. French, Esq. and Wachovia Bank, Co-Administrators, d.b.n.c.t.a of the Decedent's Probate Estate (that property which is disposed of pursuant to the terms of the Decedent's Will or by intestate succession). 4. By Court Order dated March 15, 2009 ("Order"), Alan Kotz a/k/a Allen Kotz ("Mr. Kotz') was discharged as a Co-Administrator due to physical incapacity, and Wachovia Bank and Gary E. French, Esq. were ordered to continue serving as the Co- Administrators of the Decedent's Probate Estate without the appointment of a successor individual Co-Administrator to serve in Mr. Kotz's stead. Wachovia Bank and Gary E. French, Esq. are hereinafter collectively referred to as the "Co-Administrators"). A true and correct copy of the Order is attached hereto as Exhibit "B," and is incorporated herein by reference. Page -1- 5. The Decedent's daughter, Mary Ann Mohr, formerly known as Mary Ann Haselhuhn, and Decedent's grandaughter, Devon Haselhuhn (collectively, the "Beneficiaries"), are the sole beneficiaries of Decedent's Probate Estate. 6. The Decedent owned two (2) parcels of improved residential real property in Cumberland County, Pennsylvania, which are commonly known as: (i) 492 N. 25tH Street, Camp Hill, Pennsylvania 17011 (Decedent's Residence"); and, (ii) 422 E. Winding Hill Road, Mechanicsburg, Pennsylvania 17055 ("Mechanicsburg Property") (collectively the "Pennsylvania Properties"). 7. The Decedent's daughter-in-law, Lannetta Haselhuhn ("Lannetta"), resides in the Mechanicsburg Property, but does not wish to purchase the Mechanicsburg Property from the Decedent's Probate Estate. 8. The Beneficiaries approved the Co-Administrators' decision to permit Lannetta to reside in the Mechanicsburg Property for fihe short term (i.e., until Spring 2009, when the Mechanicsburg Property would be listed for sale). Moreover, the Beneficiaries requested that the Co-Administrators forego rent on the Mechanicsburg Property. The Beneficiaries also approved, as an administration expense of the Decedent's Probate Estate, the payment of up to $2,000 in heating fuel oil costs for the Mechanicsburg Property. 9. The Co-Administrators have filed an Exemplified Copy of the Pennsylvania Probate Proceedings with the County Clerk of Burnet County, Texas in order to market and sell the Decedent's unimproved real property located in Burnet County Texas, which is commonly known as Lots 37026 and 37027 in Horseshoe Bay, a subdivision located in Burnet County, Texas (collectively, the "Texas Properties"). 10. The Beneficiaries do not wish to receive either the Texas Properties or the Pennsylvania Properties in kind, and desire the Co-Administrators to sell these properties and distribute the net proceeds to the Beneficiaries. 11. At present, the Co-Administrators have not entered into Listing Agreements with realtors for either the Texas Properties or the Pennsylvania Properties, but will do so in the near future. 12. Pursuant to Article Second of the Decedent's Will, Mary Ann Mohr is the sole beneficiary of the Decedent's tangible personal property. The tangible personal property consists of the Decedent's household goods and furnishings, car and coin collection. These assets have an appraised value totaling $60,682. The Decedent's Page -2- tangible personal property has been fully distributed to Mary Ann Mohr pursuant to Article Second of Decedent's Will. 13. The Decedent's net Probate Estate passes to the "Eleanor Haselhuhn Non-Skip Trust" and the "Eleanor Haselhuhn Skip Trust" pursuant to Articles Third and Fourth of the Decedent's Will. 14. The terminating events of the various trusts created under the Decedent's Will (as set forth in Articles Fifth, Sixth and Seventh of the Decedent's Will) have all occurred. The Decedent's husband, Donald H. Haselhuhn, predeceased the Decedent on August 8, 1994. The Decedent's daughter, Mary Ann Mohr (formerly, Mary Ann Haselhuhn), has attained 25 years of age. The Decedent's son, Michael H. Haselhuhn, predeceased the Decedent on March 5, 2005. Michael H. Haselhuhn's only child, Devon Haselhuhn, is 29 years of age, having been born on February 19, 1980. 15. The Co-Administrators intend to distribute the Decedent's net residuary Probate Estate as follows: (i) Fifty Percent (50%) directly to Mary Ann Mohr (formerly, Mary Ann Haselhuhn), the sole remainder beneficiary of the Eleanor Haselhuhn Non- Skip Trust established under Article Fifth of the Decedent's Will; and, (ii) Fifty Percent (50%) directly to Devon Haselhuhn, the sole remainder beneficiary of the Eleanor Haselhuhn Skip Trust established under Article Sixth of the Decedent's Will. The Beneficiaries approve of the above described direct distributions of the Decedent's Probate Estate to them. 16. Pursuant to Article Fifteenth of the Decedent's Will, all estate, inheritance, succession and other death taxes are paid out of the residue of the Decedent's Probate Estate regardless of whether or not the tax is imposed on properly passing under or outside of the Decedent's Will (i.e., via joint tenancy with rights of survivorship or by contract beneficiary designations under life insurance policies or annuity contracts). 17. The U.S. Estate (and Generation-Skipping Transfer) Tax Return and tax are due and payable on or before July 13, 2009. The Pennsylvania Inheritance Tax Return and tax are due and payable on or before July 13, 2009. Texas does not impose an inheritance tax on estate assets where the decedent died on or after January 1, 2005. 18. On or before April 15, 2009, the Co-Administrators filed the Decedent's 2008 Federal and Pennsylvania Individual Income Tax Returns, Forms 1040 and PA- 40, respectively. The sum of $7,389 of tax was paid to the U.S. Treasury for the Decedent's outstanding 2008 U.S. Individual Income Tax obligation. The Decedent's Probate Estate should receive a $2,007 refund from the Commonwealth of Page -3- Pennsylvania for the overpayment of the Decedent's 2008 Pennsylvania Individual Income Tax. 19. The Co-Administrators made a $321,500 prepayment of Pennsylvania Inheritance Tax within 3 months of the Decedent's date of death which should yield about a $16,921 tax discount/tax savings. 20. The Co-Administrators believe that they have identified most, if not alt, of the Decedent's assets and debts. However, the Co-Administrators are still in the process of clarifying the ownership of several security holdings (i.e., the number of shares owned and the value thereof). Nevertheless, these outstanding items are not significant, and should be resolved in the near future. 21. The estimated fair market value of the Decedent's ross Probate Estate as of the Decedent's date of death on October 13, 2008 is $6,048,073.26. This amount includes the above described $60,682 of tangible personal property which passed to Mary Ann Mohr. The estimated fair market value of the ross Probate Estate on April 13, 2009, the alternate valuation date for U.S. Estate (and Generation-Skipping Transfer)Tax purposes, is $5,343,510.71, a $704,562.55 difference. This decline in value is attributed to market fluctuations. 22. Because the fair market value of the Decedent's taxable estate has declined in value within 6 months of the Decedent's date of death, the Co- Administrators are able to, and will, elect alternate valuation for U.S. Estate (and Generation Skipping Transfer) Tax purposes. This election (which can only be made because of the above described decline in value) should save the Decedent's Probate Estate about $385,800 in U.S. Estate (and Generation Skipping Transfer) Tax. Thus, the Co-Administrators estimate the Decedent's Probate Estate will owe about $2,670,000 in U.S. Estate (and Generation Skipping Transfer) Tax, as opposed to $2,987,000 in tax if all taxable assets of the Probate Estate had been converted into cash at the date of death value. 23. The Co-Administrators estimate the Decedent's Probate Estate will owe another $8,500 in Pennsylvania Inheritance Tax. 24. The above described U.S. Estate (and Generation Skipping Transfer) Tax and Pennsylvania Inheritance Tax are estimates and are subject to change. 25. The Administrators' Fees is estimated to be approximately $117,600. Sixty Percent of the fee will be paid to Wachovia Bank and 40% of the fee will be paid to Gary E. French, Esq. Page -4- 26. The legal fees which will be paid to Keefer Wood Allen & Rahal, LLP (which will exclude any fees payable to work Gary E. French, Esq. who served only as as Co-Administrator and not as legal counsel) is estimated to be roughly $68,000. 27. A copy of the draft U.S. Estate (and Generation-Skipping Transfer) Tax Return ("Form 706") is attached hereto as Exhibit "C," and is incorporated herein by reference. 28. A copy of the draft Pennsylvania Inheritance Tax Return ("Rev-1500") is attached hereto as Exhibit "D," and incorporated herein by reference. 29. The Beneficiaries have received, and continue to receive, periodic account statements from Wachovia Bank for the Probate Estate. These statements and the attached Exhibits "C" and "D" are collectively referred to herein as the Co- Administrators' Informal Account. 30. After payment of taxes and estimated expenses of administration, as well as distribution of personal property to Mary Ann Mohr, the Co-Administrators estimate the net residuary Probate Estate to be about $2,050,000, which, as stated above, would be divided equally between the Beneficiaries. This figure is subject to change, and likely will change, due to additional administration expenses (which primarily would be incurred in order to maintain and sell the Texas Properties and Pennsylvania Properties) and the respective net amounts received from the sale of the Texas Properties, the Pennsylvania Properties and the remaining securities (as opposed to the appraised values of the respective real properties and the alternate value of the remaining securities as set forth in the Co-Administrator's Informal Account). 31. The Beneficiaries desire the Co-Administrators to make a $1,000,000 interim cash distribution, which would be divided equally between the Beneficiaries (each Beneficiary receiving $500,000 in cash), prior to the filing of Form 706 and Rev- 1500 and the payment of the respective remaining taxes and prior to the sale of the Texas Properties and the Pennsylvania Properties. The Beneficiaries wish to forever settle and compromise any and all claims and rights which they may possess, now or hereafter, in the Decedent's Probate Estate without the cost and delay of a court adjudication and confirmation of an accounting. 32. The Co-Administrators are willing to make the above described interim distributions provided the Beneficiaries provide the Co-Administrators with satisfactory release, refunding and indemnification protections. Page -5- It. RECEIPT, RELEASE, REFUNDING, AND INDEMNIFICATION AGREEMENT: NOW THEREFORE, in consideration of the foregoing, and intending to be legally bound, the Beneficiaries, for themselves, their heirs, personal representatives, successors, and assigns, hereby do as follows, to wit: A. Represent, warrant and agree that they: (i) Have read and understand this Agreement and confirm the facts set forth above are true, correct and complete to the best of their knowledge, information and belief, and hereby approve the same for all purposes and incorporate them herein by reference. (ii) Acknowledge that they have sought advice of an attorney, prior to executing this Agreement or have voluntarily chosen not to consult with an attorney; and, (iii) Have entered into this Agreement of their own free will and choice without any compulsion,.duress or undue influence from anyone. B. Declare that they have had the opportunity to examine the Co- Administrators' Informal Account as defined above, and based upon such examination (or their decision not to make such an examination), they are satisfied they have sufficient information to make an informed waiver of their right to a formal court accounting and do hereby waive the filing and audit of the same and approve the Co-Administrators' Informal Account. C. Acknowledge that the U.S. Estate (and Generation Skipping Transfer) Tax and the Pennsylvania Inheritance Tax have yet to be determined with certainty; substantial amounts are still owed to the respective government agencies which are due by July 73, 2009; and, that the Co-Administrators have retained approximately $2,700,000 in cash to pay these outstanding taxes. D. Approve and direct the Co-Administrators to pay the Co-Administrators' Fees and Attorney Fees to Keefer Wood Allen & Rahal, LLP as set forth above and in the Informal Account, and to pay the U.S. Estate (and Generation Skipping Transfer) Tax and the Pennsylvania inheritance Tax, as is finally determine for such purposes. Page -6- E. Agree to refund on demand, all or any part of the above described interim distributions, which the Co-Administrators or any court of competent jurisdiction determines to have been improperly made. F. To the extent of the above described interim distributions, absolutely, unconditionatlysnd irrevocably release, remises and forever discharge Wachovia Bank and Gary E. French, Esq., individually, and in their fiduciary capacities as Co-Administrators of the Estate of Eleanor Haselhuhn a/k/a Helen Eleanor Haselhuhn, Deceased, from any and all manner of actions, causes of action, suits, liens, accounts, reckonings, controversies, agreements, promises, claims, demands, losses and expenses whatsoever, in any way arising from or concerning the above described interim distributions of the Decedent's Probate Estate. G. To the extent of the above described interim distributions, agree to indemnify and hold harmless Wachovia Bank and Gary E. French, Esq., individually, and in their fiduciary capacities set forth above, with respect to any and all matters or liabilities which they may be subjected by reason of joining in this Agreement, and in carrying out the provision hereof. H. Agree this Agreement is intended to compromise and settle disputed claims, including, without limitations, claims and defenses asserted in connection with the creation, administration and distribution of the Decedent's Probate Estate. Agree that this Agreement constitutes the entire understanding between the Co-Administrators and the Beneficiaries (individually and collectively, the "Parties") concerning the subject matter hereof, and supersedes any and al( prior written agreements and any and all prior or contemporaneous ors! agreements or understanding relating to the subject matter hereof. J. Agree that this Agreement may not be amended, modified, superseded, canceled, renewed or extended, nor may any term or condition hereof be waived, except by a written instrument or document signed by all the parties hereto or, in the case of a waiver, signed by the party sought to be charged therewith. No waiver by any party of the breach of any provision hereof shall be deemed to constitute a waiver of any continuing or subsequent breach of such provision or any other provision hereof. Except as otherwise provided herein, the rights and remedies expressly granted hereunder shall be cumulative with respect to, and shall not be deemed to exclude, any other rights and remedies to which any party shall be entitled at law or in equity. Page -7- K. Agree that this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors, assigns, personal representatives, and those who may hereafter claim through any of the Parties. L. Agree that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to choice-of--law provisions. The Court shall have exclusive jurisdiction over any action to enforce or interpret the terms of this Agreement. The Co-Administrators and Beneficiaries hereby consent to the Court exercising personal jurisdiction over each of them in any action or suit arising out of the enforcement of this Agreement. M. Agree that any references to person or things shall be deemed to refer to such persons or things in the singular or plural and in.the masculine, feminine or neuter gender as the context shall require. N. Agree that this Agreement shall be deemed to 6e severable, so that if any provision hereof shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions hereof shall continue to remain valid and enforceable in accordance with their terms. O. Agree that this Agreement may be executed in multiple counterparts, each of which may contain the signatures of one or more of the Parties, all of which, taken together, shall constitute one and the same document. Page -8- Fom1 706 United States Estate (and Generation-Skipping (Rev. August 2008) Transfer) Tax Return OMB No.7545-DOtS Departmentofthe Treasury Estate of a citizen or resident of the United States (see separate instructions). Internal Revenue Service To be filed for decedents dying after December 31, 2007, and before January i, 2D09, 1a Decedent's first name and middleinltial(andmaidenname,ifany) lb Decedent's last name 2 Decedent's SRN m,rnhn O 7 U d X LU Q C m m O R o. County, state, and ZIP code, or foreign country, of legal residence (domicile) attime of death Cumberland County, Pennsylvania 17011 Name of executor{see page 4 of the instructions) Executor's social security num ber(seepage 5 of the instructions) 7a Name andloeationofcourtwherewillwasprobatedorestateadministered 3b Year domicile establ. 4 Date of birth S Date of death Executor's ad dress (numberan d street including apartment ar town, or post office; state; and 21P code) and phone no, ~"^ - ". Phone n no.; city, lyl - -" "- 1 -V V- 1 1 GV eeedent died testate, check here - IOL and attach a certified copy ofthe will. 9 If you extended the time tofile this Form 706 check here - , 10 if Schedule R-1 is attached, check here - ^ 1 Total ro t t l g ss es a e ess exclusion {from Part 5 -Recapitulation, page 3, item 12) i 2 Tentative tot l ll $ 496 $26.6 a a owable deductions (from Part 5 -Recapitulation, page 3, item 22) 2 3a Tentative t bl 234 529.4 axa e estate (before state death tax deduction) (subtract line 2 from line 1) 3a b State d th t d d $ 262 297.1; ea ax e uction 3b c Taxable estat b 329 951.2! e (su tract line 3b from line 3a) 3c 4 A 7 932 345.8E djusted taxable gifts (total taxable gifts (within the meaning of section 2503) made by the decedent after Dec. 31, 7976, other than gifts that are includible in decedent's gross estate (sect, 200'1(b))) 4 5 Add lines 3 d 0.0( c an 4 5 6 Tentative t th 7 932 345.8E ax on e amount on line 5 from Table A on page 4 of the instnrctlons s 3 450 355.6 ~ 7 Total gift tax paid or payable with respect to gifts made by the decedent after December 31 1976 zo , . Include gift taxes by the decedent's spouse far such spouse's share of split gifts (section 2573) only if the decedent was the donor of these gifts and they are irx;ludible in the decedent's gross estate (see instructions) v 7 e Gross est t t b O.OC a e ax (su tract line 7 from fine 6) '~ . s 9 Maxi ffi 3 450 355.64 mum un ed credit (applicable credit amount) against estate tax 9 780 800.00 r 10 Adjustment to unified credit {applicable credft amount). (This ~ adjustment may not exceed $6,000. See page 6 of the instructions.) 10 0 00 a . ___ 11 Allowable un~ed credit (applicable credit amount) (subtract line 1o from line 9) 11 12 Subtr t li 780.800.00 ac ne 11 from fine 8 (but do not enter less than zero) 12 13 2.669 555.64 Credit for foreign death taxes (from 5chedule(s) P). (Attach Form(s) 706-CE.) 13 0.00 14 Credit for tax on prior transfers (from Schedule Q) 14 0.00 i5 Total credits (add lines 13 and 14) 15 is Net est t 0.00 a e tax (subtract tine 15 from line 12) is 17 Gen ti 2 669 555.64 era on-skipping transfer (GST) taxes payable (from Schedule R Part 2 line 10) , , 17 18 Totai t f 0.00 rans er taxes (add lines 16 and 17) 18 19 Prior 2 669 555.64 payments. Explain in an attached statement 19 20 Balance d 0.00 lnde ue or ove a ent subtract line 19 from {ine 18 20 r penaRies of pery'ury I declare that 1 have examined thi t i 2 669 555.64 know ~ , s re urn, ncluding accompanying schedules and statemeMS, ledge and belief, It Is true, correct, and complete. Declaration of preparer other than the executor is b d h and to the best of my rep ase arer on all inf as any knowledge. ormation of which ' m.~ fix, -~ ;zvc Si n t, ~3,~ -_ g Signature of executor :=,_-;/ ~ ~,. _. _;;, fi Date Here Signature of executor ' Date rreparers JSN Or 1-zTIN Paid signature Check if self-employed - Q Preparer's Firm's name (or Keefer Wood Allen & Rahal, LLP Use Only yours if self-em to ed ,' 210 Walnut Street EIN - 23-0716135 p y ) P.O. Box 11963 address, and ZIP code Harrisburg, PA 17108 Phone no. (717) 255-8015 For Privacy Act and Paperwork Reduction Act Notice, see page 30 of the separate instructions for this form. Form VEA 706-t (8/7/08) 7U6 (Rev. B-2008) Cat. N~- ~nrasA EXHIBIT ~_ Form 706 (Rev. 6-2D08) Estate of: H Flaannr Hac Decedent's Social Security Number Part 3 -Elections by the Executor riease cnecK the "Yes'" or "'NO" box for each question (see instructions beginning on page 6). Note. Some of these elections may require the posting of bonds or liens. 1 Do you elect alternate valuation? . 2 Do you elect special-use valuation? . If "Yes," you must complete and attach Schedule A-1. ~ ~ ~ ~ ~ ~ ~ ~ ' No s uo you elect to pay the taxes in installments as described in section 6166? _ _ If "Yes," you must attach the additional information described on pages 10 and 11 of the instructions. X Note. By electing section 6166, you may be required to provide security for estate tax deferred under section 6166 and interest in the form of a sure bond or a section 6324A lien. 3 4 Do you elect to postpone the part of the taxes attributable to a reversionary or remainder interest as described in section 6163? . q Part 4 -General Information (Note: Please attach the necessary supplemental documents. You must attach the death X certificate.) (see instructions on page 12) Authorization to receive confidential tax information under Regs. sec. 601.5t)4(b)(2)(i); Yo act as the estate's representative before the IRS; and to make written or oral presentations on behalf of the estate if return prepared by an attorney, accountant, or enrolled agent for the executor. Name of representative (print or type) -State Address (number, street, and room or suite no., city, state, and ZIP code) prepared this return for the executor.~l am not under suspension or~disbamUierttrfrom pr~actiCe before the Internal Rev nu I Service and am qualfed to ractice in the state shown above. Signature CAF number Dffie Telephone number ' -- -~ V V-V V I V effih cert~cffie number and issuing authority (attach a copy of the death certificate to this return). PA Dent of Health Vital Records 2 Decedent's business or occupation. If retired, check here - ® and state decedent's former business or occupation. Business Manager 3 Mantal status of the decedent at time of death. ^ Married ® Widow or widower -Name, SSN, and date of death of deceased spouse - , pQna~d J-1., Has~lhuhn ..... . . ... . .. . ... . . . .SSN; Q23-09-2021....... Q~te.4f P+r~th~. 0$1Q$119~4........... ^ Single ..................................... ^ Legally separated ^ Divorced -Date divorce decree became final - 4a Surviving spouse's name 4b Social security number 4c Amount received (see page 12 of the instructions) None 5 Individuals (other than the surviving spouse), trusts, or other estates who receive heneflts from the estate (do not include. charitable beneficiaries shown in Schedule O) (see instructions). Name of individual, trust, or estate receiving $5,000 or more Identifying number Relationship to decedent Amount (see instructions See schedule attached ~' } ~ . ' ' '-' L `_: ~ .. ~; ( 5,262,790.23 All unascertainable beneficiaries and those who receive less than $5,000 - 0 0 Total . . 0 Please check the "Yes" or °No" box for each question. 5 262 790.23 6 Does the gross estate contain any section 2044 property (qualified terminable interest property (QTIP) from a prior gift or Yes No estate) (see page 12 of the instructions)? 7a Have tederal gift tax returns ever been filed? X If "Yes " please attach copies of the returns 'rf il bl f X , , ava a e, and urnish the following information: 7b Period(s) covered 7c Internal Revenue office(s) where filed ea Was there any insurance on the decedent's lifie that is not included on the return as part of the gross estate? . X b Did the decedent own any insurance on the life of another that is not included in the gross estate? X ~.,.,..,.,...~.. „~~ II~~ Nei vea 7a6-z (einofi) Page 2 Estate of: H. Eleanor Haselhuhn Beneficiaries 188-12-9996 Name of Beneficia I D Number Mary Ann Haselhuhn (Mohr) Non-Probate . . 196 48 Relationship Amount - -2172 Dau hter g 3,119,877.46 Devon Haselhuhn -Residual Estate 199-62-2698 Granddaughter 1,024,826.30 Lannetta Haselhuhn 198-42-56'12 Daughter-in-law 32,489.04 Mary Ann Haselhuhn (Mohr) Residual Estate 196-48-2172 Daughter 1,024,826.29 Devon Haselhuhn Non-Probate 199-62-2698 Granddaughter 89.14 Mary Ann Mohr -Tangible Personal Property 196-48-2172 Daughter ~n FRS nn .7,LOL, ~ yU.LS ,, ~ ,.~ Form 706 (Rev. 0-2008) Part 4 -General Information (continued) ~~ y~~ cu~wer -Tes-many of questions 9-16, you must attach additional information as described in the instructions. Y 9 Did the decedent at the time of death own an y property as a joint tenant with right of survivorship in which (a} one or more of the other joint tenants was someone other than the d d ' es No ece ent s spouse, and (b) less than the full value of the property is included on the return as part of the gross estate? If '1'es," you must complete and attach Schedule E 10a Did the decedent at th ti X , e me of death, own any interest in a partnership (for example, a family limited partnership) an i , un ncorporated business, or a limited liability company; or own any stock in an inactive or closely held corporation? " " X b If Yes, was the value of any interest owned (from above) discounted on this estate tax return? If "Yes," see the instructions for Schedule F on page 20 for reporting the total accumul t d ff a e or e ective discounts taken on Schedule F or G 11 Did the decedent make any transfer described in section 2035, 2036, 2037, or 2038 (see the instructions for Schedule G beginning on page 15 of the separate instructions)? If "Yes " o , y u must complete and attach Schedule G i2a Were there in existe t h ' X nce a t e time of the decedent s death an trusts created b the decedent Burin his or her lifetime? X b Were there in existence at the time of the decedent's death any trusts not created by the decedent under which the decedent possessed any power, beneficial interest, or trusteeship? c Was the dec d t i i X e en rece v ng income from a trust created after October 22, 1986 by a parent or grandparent? ' ' " X If 1 es, was there a GST taxable termination (under section 2612) upon the death of the decedent? r d If there was a GST taxable termination (under section 2612), attach a statement to explain. Provide a copy of the trust or will creating the trust, and give the name, address, and phone number of the current trustee(s). e Did the decedent at any time during his or her lifetime transfer or sell an interest in a partnership, limited liability company, or closely held corporation to a trust describ d i a e n question 12 or 12b? _ _ If "Yes," provide the EIN number to this transferred/sold item. - ~ ~ ~ ~ ~ ~ ' X 13 Did the decedent ever possess, exercise, or release any general power of appointment? if "Yes," you must complete and attach Schedule H _ " is Did decedent have an interest in or a signature or other authority over a financial account in a foreign country, such as a bank account, securities account, or other financial account? . 15 Was the decedent, immediately before death, receiving an annuity described in the "General" paragraph of the instructions for Schedule I or a private annuity? If "1'es," you must complete and attach Schedule I 16 Was the decedent ever the beneficiary of a trust for which a deduction was claimed by the estate of apre-deceased spouse under section 2056(b)(7} and which is not reported on this return? if "Yes," attach an explanation Part 5 -Recapitulation Item number Gross estate ,,. , ~-, ~^~ ~ ~ Alternate value Value at date of death 1 2 Schedule A -Real Estate ~~~,..) `•;.~, _ _.,. ~ " ~ Schedule B -Stocks and Bonds 1 483 000.00 483 000.00 3 Schedule C -Mortgages Notes and Cash 2 3 657 818.30 4 361 671.34 4 , , Schedule D - i 3 1 081 953.76 1 081 953.76 nsurarx:e on the Decedents Life (attach Form(s) 712) 5 Schedule E J i 4 114 915.06 114 915.06 - o ntly Owned Property (attach Fonn(s) 712 for life insurance) 5 2 252 700.22 2 405 500 22 6 Schedule F -Other Miscellaneous Property (att. Form(s) 712 for life insurance) 6 439 143.30 . 439 $52 81 7 Schedule G -Transfers During Decedent's Life (att. Form(s) 712 for life insurance) 7 0 00 . 0 00 8 Schedule H -Powers of Ap ointment . . p 8 9 Schedule I -Annuities 9 46 10 Total ss estate add items 1 thou h 9 10 8 49~ 11 Schedule U -Qualified Conservation Easement Exclusion 11 12 Total gross estate less exclusion (subtract item 11 from item 10). Enter here and on line 1 of Part 2 -Tax Com trtation 12 8 494 Ite m number DBdUCt10n5 13 Schedule J -Funeral Expenses and Expenses Incurred in Administering Property Subject to Claims 14 Schedule K -Debts of the Decedent ... _ _ 15 Schedule K -Mortgages and Liens , 16 Total of items 13 through 15 , 17 Allowable amount of deductions from item 16 (see the instructions for item 17 of the Recapitulation) 18 Schedule L -Net Losses During Administration . 19 Schedule L -Expenses Incurred in Administering Property Not Subject to Claims 20 Schedule M -Bequests, etc., to Surviving Spouse . 21 Schedule O -Charitable Public and Similar Gifts and Be nests 22 Tentative total allowable deductions add items 17 throw h 21 Enter here and online 2 of the Tax Com utation Page 3 VEA 708-3 (8/7/08) 00 0.00 99 467 295.99 63 9 354 189.18 00 0.00 63 9 354 189.18 Amount '3 216 941.77 4 17 587.71 5 0.00 Form 706 (Rev. B-200 I Decedent's Social Security Number Estate of: H. Eleanor Haselhuhn SCHEDULE A -Real Estate 188 12 999E • For jointly owned property that must be disclosed on Schedule E, see the instructlons on the reverse side of Schedule E • Real estate that is part of a sole proprietorship should be shown on Schedule F. ' • Real estate that is included in the gross estate under section 2035, 2036, 2037, or 2036 should be shown on Schedule G. • Real estate that is included in the gross estate under section 2041 should be shown on Schedule H. • If you elect section 2032A valuation, you must complete Schedule A and Schedule A-~. Item number Description Alternate Alternate value valuation date Value at date of death 1 House and Lot Commonwly Known As 492 N. 25th 04/13/2009 258,000.00 258.oon nn Street, Camp Hill, Cumberland County, Pennsylvania 17011 Deed Book 15 - T. Page 431 2 -House and Lot Commonly Known As 422 E. Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 Deed Book L 30 Page 758 Appraised Value 3 Unimproved Land Located In Burnet County, Texas Lots 37027 and 37027 in Horsehoe Bay, a Subdivision Deed Book Vol 701 Page 882 Deed Book Vol 701 Page 878 Deed Book Vol 283 Page 289-290 Estimated value Need Appraisals 04/13/2009 04/1 312 0 0 9 125, 000.00 100, 000.00 L"~~ a iii 125,000.00 100, 000.00 ~~ ~-~ r:,;.:: Total from continuation schedules or additional sheets attached to this schedule 0.00 0.00 TOTAL (Also enter on Part 5 -Recapitulation, page 3, at item 7.) 483,000.00 483,000.00 {!f more space is needed, attach the continuation schedule from the end of this package or additional sheets of the same size.) (See the instructions on the reverse side.) vea ~os-a (gnioei Schedule A -Page 4 Form 709 (Aev. 8-2o0a) Estate Decedents Social Security Number SCHEDULE B -Stocks and Bonds (Forjointly owned property that must be disclosed on Schedule E, see the instructions for Schedule E.) ~•• • ••~•~ ..,.~,.,. ~J ~ ~ccuw, nuac:~i urn cvrnmuanon scneoule from the end of this package or additional sheets of the same size.) (The instructions to Schedule B are in the separate instructions.) Schedule 8 -Page 12 vea cos-~z (emoe> I l Page 2 I Estate of: H. Eieanor Haselhuhn ~ r~r i_ .. ._, 188-12-9996 i Schedule B - Sfocks and Bonds { Item number Description Unit value CUSIP/EIN Alternate valuation date Alternate value Value at i 1 54 Shares Anglogold Limted, A limited Liability 19.575 date of death ~ Company Incorporated Under The Laws Of The 01/14/2009 1,057.05 Republic Of South Africa 1,389.41 ~ Cusip 035128 20 6 2 50 Shares Breakwater Resources LTD 0.1175 Continued Under Laws Of Canada Various 5 88 i Cusip 106902 30 7 2.03 3 500 Common Shares C.W.S. Waveguide Corp. 04/13/2009 0.00 0.00 Worthless j 4 300 Shares Enerserv Products, Inc. 04!13/2009 Cuisp 292741 10 5 75.00 75.00 5 367 Common Shares FirstEnergy Corp. 49.315 Cuisp 337932 10 7 01/14!2009 17, 957.21 18,096.60 I 6 4,368.506 Units Franklin Tax-Free Trust 8 97 Franikin Pennsylvania Tax-Free Income Fund - . 01/13/2009 39,185.50 Class f 41,500.81 i Cusip 354 723 801 I 7 506 Common Shares Pioneer Natural Resources 33 5 Company . 16,951.00 Cusip 723787 10 7 01 /14/2009 9, 821.40 8 667 Shares Common Shares Pioneer Natural 33 5 Resources Company Cusip 723787 10 7 . 19.34 04/13/2009 12,899.78 22,344.50 Held Book Entry Form 9 25 Shares Public Service Enterprise Group 27 55 j Incorporated Cusip 744573 10 6 . 29.745 04/13/2009 743.62 688.75 10 25 Shares Public Service Enterprise Group 27 55 Incorporated . 688.75 Cusip 744573 10 6 Various 642.43 11 1,000 Shares Temp-Stik Corporation Cusip 879704 10 4 04/13/2009 0.00 0.00 Worthless 12 1,560 Shares The Walt Disney Company 25 17 Cusip 254687 10 6 . 01/14/2009 34,897.00 39,265.20 TOTAL. (Carry forward to main schedule) ...... 119,928.69 138,360.23 Estate of: H. Eleanor Haselhuhn Schedule B -Stocks and Bonds Page 3 ~ rc--. `j ~ " r'+ '=' ~*- 188-12-9996 ~ .A i~ r. Item number Description Unit value CUS Ip/EIN Alternate valuation date Al te Value at _ value date of death 13 $10,000 City Of Philadelphia Bond; 114.824 PA Gas Works Revenue 0.1 /15/2009 11,482.40 Original Issue Date June 15, 1990; Maturity Date 11, 745.00 May 15, 2020; Interest Rate 7.0% Cusip 717823KQO Accrued )nterest 04/13/2009 287.23 287.23 14 119 Shares Citadel Broadcasting Corporation 0.39 -Book Entry Account 01004635571 IND 0.06 04/13/2009 46.41 Cusip 172857106 ~ 7.14 15 3,556.708 Units Dreyfus Premier State Muni Bd Fd 14.41 PA Series - Class A 51,252.16 Account No. 0058-3349909196 03/06/2009 53,457.32 16 2737 Shares Sovereign Bancorp, Inc. 3 91 Book Entry Account No. 125208054219 . 01/14!2009 10,701.67 Cusip 84590510 7,9Q5.78 17 Putnam Investments 10 62 4,007 Shares Putnam Tax-Free Hi h Yield-A g . 01/30/2009 42,554.34 Account No. 0040-0233318006 37,745.94 18 590 Shares Prudential Financial, Inc. 45 595 Book Entry Shares . 27.845 04/13/2009 16,428.55 26,901.05 19 1,405.494 Shares Ivy Core Equity A 7.61 20 Securities Held In Smith Bamey Reserved Client Financial Management Account No. 724-18041-16 180 21 1,247 Shares Dailmer AG Held In Smith Bamey Reserved Client Financial Management Account No. 724-18041-16 180 22 1,000 Shares Covidien LTD Held In Smith Barney Reserved Client Financial Management Account No. 724-18041-16 180 23 1,000 Shares Tyco Intl Ltd Held In Smith Barney Reserved Client Financial Management Account No. 724-18041-16 180 24 1,000 Shares Tyco Electronics LTD Held In Smith Barney Reserved Client Financial Management Account No. 724-18041-16 180 TOTAL. (Carry forward to main schedule) ..... . 10,695.81 6.51 04/13/2009 9,149.77 04/13/2009 0.00 0.00 35.975 44, 860.82 Various 30,333.98 46.1 46,100.00 Various 29,811.37 28.23 28,230.00 Various 19,697.38 21.775 21,775.00 Various g,g87.94 225,557.40 294,886.89 Page 4 Estate of: H. Eleanor Haselhuhn I ..,.,.~,, ~_ 188-12-9996 ~ ,~ ~~ ~. ~ :~ Schedule B -Stocks and Bonds " ~' `~~ ~ ~~ •• a ., i Item I number Description Unlt value Alternate Alternate Value at CUSIP/EIN valuation date value 25 5,716 Shares Aetna Inc. New date of death 30 7 ~ Held In Smith Barney Reserved Client Financial . 175,481.20 Variou Management Account No. 724-18041-16 180 s 119,930.43 26 6,000 Shares America Movil S.A.B. De CV Series L 35.365 Spons ADR Held In Smith Bamey Reserved Client Financial 212,190.00 35.365 Various 149,578.25 Management Account No. 724-18041-16 180 27 21,600 Shares American Express Co. 25 96 Held In Smith Barney Reserved Client Financial . 560,736.00 Various Management Account No. 724-18041-16 180 249,771.26 28 4,320 Shares Ameriprise Financial inc. 2g gg Held In Smith Barney Reserved Client Financial . 103,636.80 Various Management Account No. 724-18041-16 180 66,412.91 29 8,000 Shares Amgen Inc. 51:76 Held In Smith Barney Reserved Client Financial 414,080.00 Variou Management Account No. 724-18041-16 180 s 387,121.01 30 2,566 Shares Cisco Sys Inc. 18 55 Held In Smith Barney Reserved Client Financial . 47,599.30 01/14/2009 Management Account No. 724-18041-16 180 42,956.90 31 2,000 Shares Dell Inc. 14 385 Held In Smith Barney Reserved Client Financial . 28,770.OD 01/14/2009 22 179 87 Management Account No. 724-18041-16 180 , . 32 450 Shares Expedia Inc. 12 42 Held In Smith Barney Reserved Client Financial 5,589.00 01/14/2009 Management Account No. 724-18041-16 18D 4,140.96 33 1,000 Shares First Energy Corp. 49 315 Held !n Smith Barney Reserved Client Financial . 49,315.00 01/14/2009 48 929 72 Management Account No. 724-18041-16 180 , . 34 25 Shares General Electric Company 21 34 Held In Smith Bamey Reserved Client Financial . 533.50 01 /14/2009 Management Account No. 724-18041-16 180 399.74 35 90 Shares HSN Inc. 9 075 Held In Smith Bamey Reserved Client Financial 816.75 01 /14/2009 520.19 Management Account No. 724-18041-16 180 36 1,096 Shares Haber Inc. 0.055 Held In Smith Bamey Reserved Client Financial 60.28 01 /14/2009 5.47 Management Account No. 724-18041-16 180 TOTAL. (Carry forward to main schedule) ...... 1,091,946.71 1,598,807.83 Page 5 Estate of: H. Eleanor Haselhuhn ~m;~~r~ ~ ,~\ 4~:~, 188-12-9996 Schedule B -Stocks and Bonds ~ ~ `''~=:;` .;t~ Item number Description Unit value .Alternate CUSIP/EIN valuation date Alternate Value at value 37 225 Shares IAC/Interactive Corp. date of death 15 52 Held In Smith Barney Reserved Ciient Financial . 01/14/2009 3,492.00 Management Account No. 724-18041-16 180 3,365.98 38 5,727 Shares Intel Corp 16.385 Held In Smith Barney Reserved Client Financial 01/14/2009 93,836.90 Management Account No. 724-18041-16 180 81,040.60 39 2,000 Shares Intl Business Machines Corp 90 28 Held In Smith Barney Reserved Client Financial . 180,560.00 01/14!2009 Management Account No. 724-18041-16 180 169,939.04 40 90 Shares Interval Leisure Group Inc. 6.841 Held In Smith Barney Reserved Client Financial 01/14/2009 615.69 Management Account No. 724-18041-16 180 522.89 41 1,278 Shares Johnson & Johnson 60 375 Held In Smith Barney Reserved Client Financial . 01/14/2009 77,159.25 Management Account No. 724-18041-16 180 75,695.51 42 116 Shares LSI Corp. 4.415 Held In Smith Barney Reserved Client Financial 512.14 01/14!2009 Management Account No. 724-18041-16 180 397.87 43 5,760 Shares Lehman Brother Holdings Inc. 0 11 Held In Smith Bamey Reserved Client Financial . 633.60 01/14/2009 Management Account No. 724-18041-16 180 391.67 44 2,000 Shares Lenovo Group LTD Spon ADR 8.325 Held (n Smith Barney Reserved Client Financial 16,650.00 01/14/2009 Management Account No. 724-18041-16 180 8,831.55 45 8,000 Shares McGraw Hill Cos Inc. 24 71 Held In Smith Barney Reserved Client Financial . 197,680.00 01/14/2009 Management Account No. 724-18041-16 180 . 190,279.73 46 8,000 Shares Microsoft Corp. 24 065 Held In Smith Barney Reserved Client Financial . 192,520.00 01/14/2009 Management Account No. 724-18041-16 180 156,947.91 47 588 Shares Monsanto Co New 89.335 Held In Smith Barney Reserved Client Financial 52,528.98 01/14/2009 Management Account No.724-18041-16180 48,104.01 48 1,500 Shares Motorola Inc DE 5 3 Held In Smith Bamey Reserved Client Financial 7,950.00 01/14/2009 Management Account No. 724-18041-16 180 6,704.96 TOTAL. (Carry forward to main schedule) ..... . 742,221.72 824,138.56 Page 6 Estate of: H. Eleanor Haselhuhn 188-12-9996 ~_ Schedule B -Stocks and Bonds ~, :. ,.~- a;~ _ ,. ~, Item number Description Unit value Alternate Alternate Value at CUSIP/EIN valuation date value 49 20,248 Shares Oracle Corp. date of death 17 955 Held In Smith Barney Reserved Client Financial . 363,552.84 Management Account No. 724-18041-16 180 01/14/2009 353,418.75 50 5,200 Shares PPL Corp. 32 175 Held In Smith Barney Reserved Client Financial . 01/14!2009 167,310.00 Management Account No. 724-18041-16 180 167,681.89 51 1,000 Shares Panera Bread Co . CL A 43 635 Held In Smith Barney Reserved Client Financial . 01/14/2009 43,635.00 Management Account No. 724-18041-16 180 51,299.71 52 1,122 Shares Parker-Hannifin Corp. 43 18 Held In Smith Barney Reserved Client Financial . 48,447.96 Management Account No. 724-16041-16 180 01/14/2009 47,647.59 53 2,415 Shares Pfizer Inc. 16 395 Held In Smith Barney Reserved Client Financial . 39,593.93 Management Account No. 724-18041-16 180 01/14/2009 42,214.68 54 3,348 Shares Public Service Enterprise Group 27 22 Held In Smith Barney Reserved Client Financial . 22 04/13/2009 ~ 91,132.56 27 Management Account No. 724-18041-16 180 . 91,132.56 55 1,000 Shares Reynolds American Inc. 44 52 Held In Smith Barney Reserved Client Financial . 44,520.00 Management Account No. 724-18041-16 180 , 01/14/2009 39,289,77 56 1,000 Shares Rite Aid Corp. 0 705 Held to Smith Barney Reserved Ciient Financial . 705.00 Management Account No. 724-18041-16 180 01/14/2009 330.89 57 2,000 Shares Sirius XM Radio Inc. 0 49585 Held In Smith Bamey Reserved Ciient Financial . 991.70 Management Account No. 724-18041-16 180 01/14/2009 215.19 58 3,147 Shares Sovereign Bancorp Inc. 3 91 Held In Smith Barney Reserved Client Financial . 12,304.77 Management Account No. 724-18041-16180 01/14/2009 9,090.05 59 1,431 Shares Sun Microsystems Inc New 5 355 Held In Smith Bamey Reserved Client Financial . 7,663.00 Management Account No. 724-18041-16 180 01/14/2009 6,611.18 60 7 Shares Supervalu Inc. 18.8125 Hetd In Smith Barney Reserved Client Financial 131.69 Management Account No. 724-18041-16 180 01/14/2009 122.28 i 'i TOTAL. (Carry forward to main schedule) ..... . 809,054.54 819,988.45 Estate of: H. Eleanor Haselhuhn Schedule B -Stocks and Bonds Page 7 i~~~;~~_ _ , _,;._, 188-12-9996 r, ' ,~~ Item number Description Unit value Alternate CUSIP/EIIV valuation date Alternate Value at value 61 4,000 Shares Telefonos De Mexico Sp ADR date of death 23 565 Sponsored ADR Repstg Hs Sr L . 01/14/2009 94,260.00 I Held fn Smith Barney Reserved Client Financial 75,981.57 Management Account No. 724-18041-16 180 62 4,000 Shares Telmex (ntl S.A.B.De Cv ADR Ser L 11 86 Held In Smith Barney Reserved Client Financial . 01/14/2009 47,440.00 Management Account No. 724-18041-16 180 46,816.53 63 90 Shares Ticketmaster Inc. 12 555 Held In Smith Barney Reserved Client Financial . 01/14/2009 1,129.95 Management Account No. 724-18041-16 180 611.99 64 433 Shares Travelers Companies Inc. ~ 34 655 Held In Smith Barney Reserved Client Financial . 15,005.62 01/14/2009 Management Account No. 724-18041-46 180 18,198.88 65 14 Shares Tree.Com Inc. 2 475 Held In Smith Barney Reserved Client Financial . 34.65 Management Account No. 724-18041-16 180 01/14/2009 61'59 66 11,392 Shares Hancock John Patriot 5 723 Premium Dividend Fund II Held In Smith Barney Reserved Client Financial . 01/14/2009 65,196.42 84'762.71 Management Account No. 724-18041-16 180 67 2,750.1606 Shares PIMCO Strategic Global 8 79 Government Fund Inc. , 24,173.91 Various Held In Smith Barney Reserved Client Financial 26,590.06 Management Account No. 724-18041-16 180 68 1,000 Shares Wells Fargo Capital Trust IV 21 075 Heid In Smith Barney Reserved Client Financial . 21,075.00 Management Account No. 724-18041-16 180 01/14/2009 24,736.86 69 3,941.902 Shares Dreyfus Premier State Muni 14 41 Bond Fund PA Series CIA . 56,802.81 Held In Smith Barney Reserved Client Financial 03/06/2009 59,246.79 Management Account No. 724-18041-16 180 70 Emerald Mutual Funds 9 39 6,993.426 Shares Forward Growth Fund CIA 65,668.27 Held In Smith Bamey Reserved Client Financial 01/26/2009 51,121.94 Management Account No. 724-18041-16 180 71 1,624.492 Shares Legg Mason Partners Municipal 12 76 High Income Fund Class A Heid In Smith Barney Reserved Client Financial . 20,728.52 01/28/2009 19,055.29 Management Account No. 724-18041-16 180 TOTAL. (Carry forward to main schedule) ..... . 407,184.21 411,515.15 I I Estate of: H. Eleanor Haselhuhn i Schedule B -Stocks and Bonds Page 8 i"i '~ ~ -~,, 188-12-9996 l~ . ~ ~: ' Item number Description Unit value Alternate Alternate V l _ CUSIP/EIN valuation date value a ue at 72 674.441 Shares Legg Mason Partners lnt'I All Cap 5 74 date of death I Opptny Fd CI C Held In Smith Barney Reserved Client Financial . 03/10/2009 2,677.46 3,871.29 Management Account No. 724-18041-16 180 73 $20,000 Union County PA Higher Education Fac 9 00 019 Fin Au Univ Rv Bucknell Univ MBIA . 20,003.80 B/E OID DT 05/15/96; Interest 5.50%; Due 01/28/2009 19,962.80 04/01/2016 Heid In Smith Barney Reserved Client Financial Management Account No. 724-18041-16 180 Accrued Interest 04/13/2009 36 67 . 36.67 74 $20,000 Philadelphia PA Au For IDR 88 621 (Please Touch Museum PJ) . 01/14/2009 17,724.20 BED 11/8/06; lnterest4.25%; Due 09/01/2016 15,874.20 Held In Smith Barney Reserved Client Financial Management Account No. 724-18041-16 180 Accrued Interest 04/13/2009 99.17 99.17 75 $20,000 Pennsylvania State Turnpike Commn 84 002 Turnpike Revenue Series R-AMBAC INSD-OID . 01/14/2009 16,800.40 B/E DD 03/01/01; Interest 5.0%; Due 12/01/2030 19,225.00 Held In Smith Bamey Reserved Client Financial Management Account No. 724-18041-16 180 Accrued Interest 04/13/2009 366.67 366.67 76 Securities Held In Smith Barney Reserved Client Financial Management Account No. 724-03950-1-7- 04/13/2009 0.00 0.00 375 77 1,623.006 Shares MS U.S. Government Sec Tr 1 8 26 Held in Morgan Stanley , 13,406.03 Account No. 410-048223-0 01/20/2009 13,757.84 78 6,448.708 Shares MS U.S. Govemment Sec Tr B 8 25 Held In Morgan Stanley . 53,201.84 Account No. 410-048223-0 01/20/2009 54,615.31 79 61 Shares Covidien LTD 46 1 Held In Smith Barney Reserved Client Financial . 01 /20/2009 2,812.10 Management Account No. 724-03950-17 375 2,174.63 80 154 Shares Seagate Technology - USD 9 06 Held In Smith Barney Reserved Client Financial . 01/20/2009 1,395.24 Management Account No. 724-03950-17 375 688.37 TOTAL. (Carry forward to main schedule) ..... . 129, 478.12 129, 717.41 Estate of: H. Eleanor Haselhuhn Schedule B Item i number Description 81 61 Shares Tyco Intl LTD New Held In Smith Barney Reserved Client Financial Management Account No. 724-03950-17 375 i 82 61 Shares Tyco Electronics LTD Held In Smith Barney Reserved Client Financial Management Account No. 724-03950-17 375 ~ 83 600 Shares Weatherford Intl LTD NEW(Bermuda) I Held In Smith Barney Reserved Client Financial Management Account No. 724-03950-17 375 84 218 Shares Core Laboratories NV-USD Held In Smith Barney Reserved Client Financial Management Account No. 724-03950-17 375 85 195 Shares Alkermes Inc. Held In Smith Barney Reserved Client Financial Management Account No. 724-03950-17 375 86 95 Shares Anadarko Petroleum Corp. Held In Smith Bamey Reserved Client Financial Management Account No. 724-03950-17 375 87 210 Shares Biogen Idec Inc. Held In Smith Barney Reserved Client Financial Management Account No. 724-03950-17 375 88 150 Shares Broadcom Corp Cl A Held In Smith Barney Reserved Client Financial Management Account No. 724-03950-17 375 89 245 Shares Cablevision Systems Corp Cablevision NY Group CI A Held In Smith Barney Reserved Client Financial Management Account No. 724-03950-17 375 90 110 Shares Cirrus Logic Inc. Hetd In Smith Barney Reserved Client Financial Management Account No. 724-0395D-17 375 91 397 Shares Comcast Corp CL A- SPL Held In Smith Barney Reserved Client Financial Management Account No. 724-03950-17 375 92 170 Shares Comcast Corp CL A-SPL Held In Smith Bamey Reserved Client Financial Management Account No. 724-03950-17 375 TOTAL. (Carry forward to main schedule) ..... . Page 9 ,-~, ~__. --.- 188-12-9996 _ Stocks and Bonds '~~-~'~i ~ =- .. ~- Unit value CU51P/EIN Alternate, valuation date Alternate value Value at date of death 28.23 1, 722.03 01 /20/2009 1, 344.43 21.775 1, 328.28 01 /20/2009 919.87 15.71 9,426.00 01/20/2009 6,695.96 77.265 16, 843.77 01/20/2009 14,470.90 10.68 2, 082.60 01/20/2009 2,080.63 31.635 3, 005.32 01/20/2009 3,665.08 44.88 9,424.80 01/20/2009 10,271.04 15.755 2,363.25 01/20/2009 2,449.48 17.035 4,173.58 01/20/2009 4,146.37 4.51 496.10 01 /20/2009 261.79 15.795 6,270.62 01/20/2009 5,597.66 15.795 2, 685.15 .Various 2,002.58 53, 905.79 59, 821.50 Estate of: H. Eleanor Haselhuhn Schedule B -Stocks and Bonds r i `• _~-' Page 10 188-12-9996 I Item number Descri tion Unit value Alternate Alternate CUSIP/EIN valuation date Value at value 93 145 Shares Cree Inc date of death . Held !n Smith Barney Reserved Client Financial 22.13 3,208.85 Management Account No. 724-03950-17 375 01/20/2009 2,473.68 94 29 Shares Discovery Communications Inc. Series A 12 055 Held In Smith Barney Reserved Client Financial . 349.60 Management Account No. 724-03950-17 375 01/20/2009 419.04 95 29 Shares Discovery Communications lnc. Series C 11 235 Held In Smith Barney Reserved Client Financial . 325.82 Management Account No. 724-03950-17 375 01/20/2009 412.95 96 220 Shares Forest Laboratories Inc . Held In Smith Barney Reserved Client Financial 22.635 4,979.70 Management Account No. 724-03950-17 375 01/20/2009 5°288.77 97 300 Shares Genzyme Corp, 69 055 Held In Smith Barney Reserved Client Financial . 20,716.50 Management Account No. 724-03950-17 375 Various 19,691.29 98 160 Shares L 3 Communications Hldgs fne . Held In Smith Barney Reserved Client Financial 84.24 13,478.40 Management Account No. 724-03950-17 375 01/20/2009 12,174.33 99 29 Shares Liberty Global Inc Class A . Held In Smith Barney Reserved Client Financial 19.665 570.28 Management Account No. 724-03950-17 375 01/20/2009 497.05 100 27 Shares Liberty Global Inc Series C 19 105 Held In Smith Barney Reserved Client Financial . 515.84 Management Account No. 724-03950-17 375 01/20/2009 432.26 101 145 Shares Liberty Media Holdg Corp Interactive Series A g 345 1 210.03 Held In Smith Barney Reserved Client Financial , 01/20/2009 445.14 Management Account No. 724-03950-17 375 102 79 Shares Liberty Media Holdg Corp Cap Series A 7 9 Held In Smith Barney Reserved Client Financial , 624.10 Management Account No. 724-03950-17 375 01/20/2009 387.09 103 116 Shares Liberty Media Corp Series A 17 765 Liberty Entertainment Held In Smith Barney Reserved Client Financial . 01/20/2009 2,060.74 1,949.94 Management Account No. 724-03950-17 375 104 56 Shares National Oilwell Varco Inc . Held In Smith Barney Reserved Client Financial 27 17 01/20/2009 1,521.52 Management Account No. 724-03950-17 375 1,338.39 TOTAL. (Carry forward to main schedule) ..... . 45,509.93 49,561.38 -.. --- i Estate of: H. Eleanor Haselhuhn Schedule B -Stocks and Bonds Page 11 ~:n;_,,,: ;-. ~~:-...188-12-9996 Item number Description Unit value Altemate CUSIP/EIN valuation date Alternate Value at 105 434 Shares New York Community Bancorp value date of death Held In Smith Barney Reserved Client Financial 15.685 6,807.29 Management Account No. 724-03950-17 375 01/20/2009 5,056.07 106 170 Shares Pall Corp. 31 02 Held In Smith Barney Reserved Client Financial . 5,273.40 Management Account No. 724-03950-17 375 01/20/2009 4,474.37 107 480 Shares Quantum Corp DLT & Storage Held In Smith Barney Reserved Client Financial 0 29 139.20 Management Account No. 724-03950-17 375 11/06/2008 133.96 108 124 Shares Sandisk Corp. 16 395 Held In Smith Barney Reserved Client Financial . 2,032.98 Management Account No. 724-03950-17 375 01/20/2009 1,344.15 109 38 Shares Teva Pharmaceutical Inds LTD ADR Held In Smith Barney Reserved Client Financial Management Account No. 724-03950-17 375 110 406 Shares UnitedHealth Group Inc. Held In Smith Barney Reserved Client Financial Management Account No. 724-03950-17 375 111 First Clearing LLC Wachovia Securities LLC Account No. 6001372583 1,405.494 shares Ivy Core Equity A Fund 40.295 1,531.21 0.1 /20/2009 1, 615.37 20.675 8,394.05 01 /20/2009 9, 711.46 7.61 10,695.81 7.61 04/13/2009 10, 6 95.81 TOTAL. (Carry forward to main schedule) ..... . 33,031.19 34,873.94 Form 708 of: Decedents Social Security Number i uu-~L-D~yO SCHEDULE C -Mortgages, Notes, and Cash (Far jointly owned property that must be disclosed on Schedule E, see the instructions for Schedule E.) Item number Description valuat on date Aftemate value Value at date of death 1 Cash On Hand 04/13/2009 8,844.20 8,844.20 2 Western Asset Money Market Fund Class A 04/13/2009 993 520 54 Held In Smith Bamey Reserved Client Financial , . 993,520.54 Management Account No. 724-18041-16 180 Principal $992,700.84 Accured Income $ 819.70 3 Western Asset Money Market Fund Class A 04/13/2009 Held In Smith Bamey Reserved Client Financial 5,597.96 5,597.96 Management Account No. 724-03950-17 375 Principal $5,597.96 4 Citizens Bank Circle Gold Checking Account No. 610071-664-3 04/13/2009 7,224.69 7,224.69 5 Wachovia Bank Checking Account No. 1000590322831 04/13/2009 3,822.97 3,822.97 6 Wachovia Bank Certificate of Deposit No. 247402112827705 04/13/2009 54,795.87 54,795.87 4.07% Interest; Due September 6, 2009 7 Morgan Stanley Check Dated September 30,2008 04/13!2009 207.34 207.34 8 Citi Smith Bamey Check Dated October 2, 2008 04/13/2009 205.44 205.4} 9 Putnam Investments Check Dated 09/30/08 04/13/2009 225.52 225.52 10 Dreyfus Premier State Muni Bd Fud PA 04/13/2009 Series Class A 185.37 185.37 Check Dated 09/30/08 11 Pioneer Natural Resources Company 04/13/2009 Semi-Annual Dividend Check Dated 10/10/08 80.96 80.96 12 Pioneer Natural Resources Company 04/13/2009 Semi-Annual Dividend Check Dated 10/10/08 106.72 106.72 Total from continuation schedules (or additional sheets) attached to this schedule 7,136.18 7,136.18 TOTAL (Also enter on Part s -Recapitulation, page 3, at ftem 3,) . • - ~ 1,081,953.76 1,081,953.76 (If more space is needed, attach the continuation schedule from the end of this package or additional sheets of the same size.) (See the instructions on the reverse side.) VEA 708-73 (9/7/08) Schedule C -Page Y3 Page 2 ~ Estate of: H. Eleanor Haselhuhn t ,~ ~ ~i 188-12-9996 T.. Schedule C -Mortgages , Notes, and Cash ~' ~ -- ~ `~~~~ ~ ~a I Item number Description Alternate valuation date Alternate value Value at date of death 13 Leffler Energy -Credit Balance Account No. 452467-1 04/13/2009 1,264.06 1,264.06 14 Bank Deposit Program 04/13/2009 579 34 Held In Smith Barney Reserved Client Financial . 579.34 Management Account No. 724-03950-17 375 ~ Principal $578.05 Accured Income $ 1.29 15 Pimco Strategic Global Gov Fund, Inc. 04/13/2009 Dividend 178.76 178.76 Record Date 10/11/2008; Payable 11/03/08 16 Comcast Corp New -Dividend 04/13/2009 Record Date 10/08/2008; Payable 10/29/08 35.44 35.44 17 General Electric Co 04/13/2009 533 50 Dividend . 533.50 Record Date 09/22/2008; Payable Date 10/27/2008 18 Monsanto Co New Dividend 04/13/2009 141.12 141.12 ~ Record Date 10/03/2008; Payable 10/24/2008 ~ 19 Motorola, Inc. Dividend 04/13/2009 75.00 75.00 Record Date 09!15/2008; Payable 10/15/2008 20 Covidien LTD Dividend 04/13/2009 169.76 169.76 Record Date 10/09/2008; Payable 11/06/2008 21 Tyco Intl Ltd Dividends 04/13/2009 212.20 212.20 Record Date 10/01/2008; Payable 11/03/2008 22 Highmark Refund Check For Unused Premiums 04/13/2009 59.00 59.00 23 American Express Dividend; Record Date 10!03/08; 04/13/2009 Payable Date 11/10/08 3,888.00 3,888.00 TOTAL. (Carry forward to main schedule) ...... 7,136.18 7,136.18 I Form TOB (R ev. 8-2008) Estate of: H. FI Decedent's Social Security Number SCHEDULE D -Insurance on the Decedent's Life You must fist all policies on the Ilfe of the decedent and attach a Fonn 7'12 for each policy. Item number Description Alternate Alternate value Value at date of death valuation date 1 AMEX Life Assurance Company 04/13/2009 114,915.06 114,915.06 Policy SP-8017878 (formerly Firemans Fund American Life Insurance Company Group Policy No. SPG 002) Single Premium Owner/Insured: Eleanor Haselhuhn Beneficiary: Mary Ann Mohr F ~ ~,-; ~'s `~ : c;' • to +~ u i ~ Total from continuation schedules (or additional sheets) attached to this schedule 0.00 0.00 . TOTAL (Also enter on Part 5 -Recapitulation, page 3, at item 4.) . 114,915.06 114,915.06 (If more space is needed, attach the continuation schedule from the end of this package or additional sheets of the same size.) (See the instructions on the reverse side.) VEA T08-,s t9~~o8) Schedule D -Page 15 i _ ~. __ - r Form T06 (Rev. B-2006) Estate of: H Flaannr Nneclh„ Decedents Social Security Number --..~~~L~ ~ - v~trn.~y vwneq t'roperty (If you elect section 2032A valuation, you must complete Schedule E and Schedule A-7.) PART 1. Qualified Joint Interests -Interests Held by the Decedent and His or Her Spouse as the Only Joint Tenants Secfion 2040 b 2 Item Description. For securities, give CUSIP number. If trust, partnership, Aitemate no. or closely held enttry, give EIN valuation date Alternate value Value at date of death CUSIP num ber or EIN,whare ~ r - i _ Total from continuation schedules (or additional sheets) attached to this schedule 0.00 is Totals 0.00 . is 0.00 0.00 1b Amounts included in gross estate (one-half of line ia) ib 0.00 0.00 PART 2. All Other Joint Interests 2a State the name and address of each surviving co-tenant. If there are more than three surviving co-tenants, list the additional co-tenants on an attached sheet. Name A. Mary Ann Haselhuhn (Mohr) Non-Probate s. Devon Haselhuhn Non-Probate c. Item Enter Description letter for For securities, n0. nn-tan~nf See schedule attached Address (number and street, city, state, and ZIP code) 103 Ennerdale Lane Pittsburgh, PA 15237-4024 422 E. Winding Hili Road Mechanicsburg, PA 17055 date if any). percentage Includible Includible value at partnership, includible alternate value date of death CUSIP num ber or EIN, where applicable Total from continuation schedules (or additional sheets) attached to this schedule 252 700.22 2 40 500.22 2b Total other joint interests 2b 2 25 700.22 2 405 500.22 3 Total includible joint interests (add lines ~ b and 2b). Also enter on Part s - Recapitulation, page 3, at items 3 2 252 700.22 2 405 500.22 (If more space is needed, attach the corninuation schedule from the end of this package or additional sheets of the same size.) (See the instructions on the reverse side.) vEn Toe-~T (slmoa) Schedule E -Page 17 Page 2 Estate of: H. Eleanor Haselhuhn 188-12-9996 Schedule E, Part 2 - AU Other Joint Interests Item Cot. number Letter Description Unit value Percent CUS1P/EIN Includible Includible Alternate Val Includible Value j 1 B $50 U.S Series EE Savings Bond 89.14 100 0000% ue Date of Death ~ Issued January 8, 1985 . 89 14 89.14 Serial No. L184184762EE . 89.14 2 A Citizens Bank Circle Gold Money Market Account 100.0000% 484,638.11 484,638.11 No. 621549-121-0 3 A Manufacturers and Traders Bank Account No. 015004214960731 100.0000% 367,347.66 367,347.66 A Accrued Interest 100.0000% 214.63 214.63 4 A Sovereign Bank Checking Account No. 2331043825 100.0000% 40,341.83 40,341.83 A Accrued Interest 100.0000% 5.46 5.46 5 A Sovereign Bank Money Market Account 100.0000% 689,421.62 689,421.62 No. 2334082279 A Accrued interest 100.0000% 1,256.21 1,256.21 6 A 1,368 Shares Sovereign Bancorp, Inc. 3.91 100 0000% Book Entry Account No. . 5,348.88 125208054219 3,879.25 Cusip 84590510 Alternate Valuation Information: Acquired By Banco Santander ~,~,r`, .' -- - 01130109; Exchange 1 share of ~~ i~ Sovereign Bancorp, Inc. for 03206 of _ Santander 438.5808 shares of Banco Santander @$8.845 per share 7 Securities and Cash Held In 100.0000% 0.00 0 00 Smith Bamey Reserved . Client Financia[ Management Account No. 724-09190-17 600 8 A Citicrop Trust Bank, FSC Bank Deposit Program 100.0000% 19,257.67 19,257.67 Held In Smith Bamey Reserved Client Financial Management Account No. 724-09190-17 600 9 A Citibank NA South Dakota 100.0000% 98,588.71 98,588.71 TOTAL. (Carry forward to main schedule) ... ... 1,7 05,040.29 1,706,509.92 I Estate ofi H. Eleanor Haselhuhn Page 3 ~` -4 188-12-9996 __. t., .. ~ ~>~ Schedule E, Part 2 -All Other Joint Interests ! Item number i Cot. Letter Description Unit value CUSIP/EIN Percent Includible Includible Alternate Value Includible Value Date of Death ~ 9 Bank Deposit Program Hefd In Smith Barney Reserved Client Financial Management Account No. 724-09190-17 600 10 A 125 Shares Covidien LTD 46.1 100.0000% 5 762 50 Held In Smith Barney Reserved Client 31.865 3 983 12 , . Financial Management Account No. , . 724-09190-17 600 11 A 125 Tyco Int. Ltd 28.23 100.0000% 3 528 75 Held In Smith Bamey Reserved Client 21.06 2 632 50 , . Financial Management Account No. , . 724-09190-17 600 12 A 125 Shares Tyco Electronics LTD 21.775 100.0000% 2 721 88 Held In Smith Barney Reserved Client 13.02 1 627 50 Financial Management Account No. , . 724-09190-17 600 13 A 921 Citadel Broadcasting Corp. 0.39 100.0000% 359 19 Held In Smith Bamey Reserved Client 0.06 55 26 . Financial Management Account No. ` . 724-09190-17 600 14 A 2,000 Shares Citigroup Inc. 15.39 100.0000% 30 780 00 Held In Smith Bamey Reserved Client 4 152.37 , . Financial Management Account No. , 724-09190-17 600 15 A 12,000 Walt Disney Co. 25.17 100.0000% 302 040 00 Held In Smith Barney Reserved Client 233 991.77 , . Financial Management Account No. , 724-09190-17 600 Sold 11/26/08 16 A 134 Shares Ecolab Inc. 42.07 100.0000% 5 637 38 Hefd (n Smith Barney Reserved Client 36.675 4 914 45 , . Financial Management Account No. , . 724-09190-17 600 17 A 500 Shares General Electric Co. 21.34 100.0000% 10 670 00 Held In Smith Barney Reserved Client 11.835 5 917 50 , . Financial Management Account No. , . 724-09190-17 600 18 A 333 Shares Kuala Healthcare {nc. 100.0000% 0.00 0 00 Held In Smith Bamey Reserved Client . TOTAL. (Carry forward to main schedule) ... ... 257,274.47 361,499.70 Page 4 Estate of: H. Eleanor Haselhuhn ' -~`, ~ ~, - "~---~ 188-12-9996 Schedule E, Part 2 -All Other Joint interests Item number Cot. Letter Description Unit value CUSIP/EIN Percent Includible Includible Value Includible Alternate V l a ue Date of Death 18 Financial Management Account No. 724-09190-17 600 19 A 1,000 Shares Martha Stewart Living 6.405 100 0000% CIA 3.84 . 6,405.00 3 840 00 Held In Smith Barney Reserved Client , . Financial Management Account No. 724-09190-17 600 20 A 722 Shares Medco Health Solutions 40.535 100.0000% 29 266 27 Ina , . Held In Smith Barney Reserved Client 25,134.89 Financial Management Account No. 724-09190-17 600 Sold 11/21/08 21 A 3,000 Shares Merck & Co. Inc. 28.455 100.0000% 85 365 00 Held In Smith Barney Reserved Client , . 68 943 13 Financial Management Account No. , . 724-09190-17 600 22 A 1,000 Shares Qualcomm Inc. 40.505 100.0000% 40 505 00 Held In Smith Barney Reserved Client , . 29;294 93 Financial Management Account No. . 724-09190-17 600 23 A 113 Travelers Companies Inc. 34.655 100.0000% 3 916 02 Held In Srnith Bamey Reserved Client 43 , . 4 859 00 Financial Management Account No. , . 724-09190-17 600 24 A 362 Shares Waste Mgmt Inc De. 28.895 100.0000% 10 459 99 Held In Smith Barney Reserved Client 26.4 , . 9 556 80 Financial Management Account No. , . 724-09190-17 600 25 A 1,000 Gabelli Dividend & Income Tr 10.295 100.0000% 10 295 00 Equity Portfolio 9.135 , . 9 135 00 Held In Smith Barney Reserved Client , . Financial Management Account No. 724-09190-17 600 26 A 1,000 Shares Aegon NV 6.875% PFD 8.83 100.0000% 8 830 00 Held In Smith Barney Reserved Client 9.545 , . 9 545 00 Financial Management Account No. , . 724-09190-17 600 TOTAL. (Carry forward to main schedule) ...... 160,308.75 195,042.28 1 Page 5 ~ Estate of: H. Eleanor Haselhuhn I 188-12-9996 ~ Schedule E, Part 2 -All Other Joint Interests f Item Cot. number Letter Description Unit value CUS Percent Includible Includible Value IPlEIN Includible Alternate Value Date of Death 27 A 913.242 Franklin Pennsylvania Tax 8.97 100.0000% 8 191 78 Free Income Fund Class A 9.7 8 858 45 , . Held In Smith Barney Reserved Client , . Financial Management Account No. 724-09190-17 600 28 A $25,000 Allegheny Co. PA Hsp Dv Au- 112.138 100.0000% 28 034 50 Rev Hlth Sys-B-West Penn Alleghny 111.386 27 846 50 , . B/e OID DD 08/09/00; , . 9.25% Interest; Due 11/15/2010 Held In Smith Barney Reserved Client Financial Management Account No. 724-09190-17 600 A Accrued Interest 100.0000% 1,066.32 1,066.32 29 A Fidelity Preferred Retirement Services 50.49 100.0000% 105;155 72 Fidelity Funds Account 2EA-658588 44.32 92,305.44 . 2,082.704 shares Fidelty Contrafund ~; m...: ~ ...... .> li TOTAL. (Carry forward to main schedule} ...... 130,076.71 142,448.32 Form 7D6 (Rev, B-2008) Decedent's Social Security Number Estate of: H. Eleanor Haselhuhn Item no. A. B. Total 188-12-9991 SCHEDULE G -Transfers During Decedent's Life (If you elect section 2032A valuation, you must complete Schedule G and Schedule A-1.) Description. For securities, give CUSIP number. If trust, Alternate partnership, or closely held entity, give EIN valuation date Alternate value Value at date of death Gift iax paid or payable by the decedent or the estate for all gifts made by the decedent or his or her spouse within 3 years before the decedent's death (section 2035(b)) . X X X X X Transfers includible under section 2035(a), 2036, 2037, or 2038: ad 0.00 0.00 0.00 ~ v r ia~, fuso erner on Hart 5 - Rec ftulation, a e 3, at item 7. 0.00 SCHEDULE H -Powers of Appointment (Include "5 and 5 lapsing" powers (section 2041(b)(2)) held by the decedent.} (If you elect section 2032A valuation, you must complete Schedule H and Schedule A-1.} Item Alternate ~, Description valuation date Aftemate value 1 5/5 Power Under The Non-Skip Trust UM/ of Donald H. 04/13/2009 0.00 Haselhuhn, Deceased ~-y j ~ `; ~. + `'"" , ::t 'r.; iii Value at date of death 0.00 a nvn, ovuunuauun SGneOllleS or aaamonal sheets attached to this schedule Q,OQ O.QO TOTAL (Also enter on Part 5 -Recapitulation, page 3, at item 8.) 0.00 0.00 (If more space is needed, attach the continuation schedule from the end of this package or addkional sheets of the same size.) (The instructions to Schedules G and H are in the separate instructions.) Schedules Gand H -Page 21 ven cos-z7 (snios) i ~ Form 706 (Rev.B-2008) I ~ Decedents Socfat Security Number Estate of: H. Eleanor Haselhuhn _ 188 12 999E SCHEDULE I -Annuities `~ "~ ~ '~= ~~ Note: Generally, no exclusion is allowed for the estates of decedents dying after December 37, 1984 (see page 17 of the instructions). A Are you excluding from the decedent's gross estate the value of a lump-sum distribution described in section 2o39(f)(2) (as in Yes No effect before its repeal by the Deficit Reduction Act of 1984)? _ If "Yes," you must attach the information required by the instructions. ~ ~ ~ ~ ~ ~ ~ ' Item Description. Alternate Includibie Includible number Show the entire value of the annuity before any exclusions valuation date alternate value value at date of death 1 Union Central 04/13/2009 114,590.62 114,590.62 SPDA 2000 Single Premium Deferred Annuity Non-Qualified Policy No. A61002298C Beneficiary: Mary Ann Haselhuhn (Mohr), Daughter 2 Union Central 04/13/2009 28,651.28 28,651.28 SPDA 2000 Single Premium Deferred Annuity Non-Qualified Policy No. A61002302C Issue Date January 19, 1983 Annuitant: Devon Haselhuhn (Granddaughter) New Owner: Estate of Eleanor Haselhuhn Balance as of Januay 19, 2008 $27,834.56 ' Accrued Interest Ocotber 13, 2008 $816.72 3 The Prudential 04/13/2009 231,660.22 231,660.22 Annuity Contract No. 99 711 008 Investment Option 1 Year Fix 3.350% Rate Principal $225,734.84 Accrued Interest $5,925.38 Beneficiary: Mary Ann Haselhuhn (Mohr), Daughter 4 Metiife 04/13/2009 64,978.07 64,978.07 Individual Retirement Annuity Account No. 9072983 Beneficiaries: 50% Mary Ann Haselhuhn (Mohr), Daughter 50% Lannetta Haselhuhn, Daughter-In- Law 5 Wachovia Securities 04/13/2009 27,415.80 27,415.80 Inherited !RA Miachael H. Haselhuhn (Deceased Son} Account No. 4101-2079 Beneficiary: Estate of Eleanor Haselhuhn Total from continuation schedules (or additional sheets) attached to this schedule 0.00 0.00 TOTAL. (Also enter on Part 5 -Recapitulation, page s, at item s.) . 467,295.99 467,295.99 (If more space is needed, attach the continuation schedule from the end of this package or additional sheets of the same size.) Schedule 1 -Page 22 (The instructions to Schedule I are in the separate instructions.) VEA 708-ZZ (9/7/08) Farm 70e(Rev. B-200H) Decedent's Social Security Number Estate of: H. Eleanor Haselhuhn ~ 188 12 9991 SCHEDULE J -Funeral Expenses and Expenses incurred in Administering Property Subject to Claims Note: Do not list on this schedule expenses of administering property not subject to claims. For those expenses, see the instructions for Schedule L If executors' commissions, attorney fees, etc., are claimed and allowed as a deduction for estate tax purposes, they are not allowable as a deduction in computing the taxable income of the estate for federal income tax purposes. They are allowable as an income tax deduction on Form 7041 If a waiver is filed to waive the deduction on Form 706 (see the Form 1041 instructions . Item number Description Expense amount Total amount A. Funeral expenses: See schedule attached Total funeral expenses - B. Administretion expenses: 1 Executors' commissions -amount estmated ~>dx>f~~ (Strike out the words that do not apply.) . 2 Attorney fees - amourrt estimated ~~Dtl~IdNJ~6~X~9~C (Strike out the words that do not apply.) 3 Accountant fees - amount ]r;92kDG3dl~tytX'gd~~K~oM paid. (Strike out the words that do not apply.) 4 Miscellaneous expenses: See schedule attached Expense amount 9, 946.57 117,568.00 68, 000.00 511.25 Total miscellaneous expenses from continuation schedules (or additional sheets) attached to this schedule 20 915.95 .................. Total miscellaneous a eases - 20,915.95 ........................... TOTAL (Also enter on Part 5 -Recapitulation, page 3, at item 13.) - • - - - - - - 216, 941.77 (It more space is needed, attach the continuation schedule from the end of this package or additional sheets of the same size.) (see the instructions on the reverse side.) SChedUle J -Page 23 VEA 706-23 (9/7/08) Estate of: H. Eleanor Haselhuhn Schedule J, Part A -Funeral Expenses Page 2 188-12-9996 Item number _ Description Amount 1 Musselman Funeral Home & Cremation Services, Inc. 8,130.02 2 West Shore Country Club 1,681.50 Funeral Reception 3 Giant -Funeral Reception 62.61 4 Westy Beer Distributor -Funeral Reception 49.67 5 Staples 22 77 ~~~ `_ . }: 1i TOTAL. (Carry forward to main schedule) ...... 9,946.57 1 -_ _. .. ____.._.__._.____._ .-~ I ~ Page 2 Estate of: H. Eleanor Haselhuhn 188-12-9996 I Schedule J, Part B -Administration Expenses Item number Description Amount ~ 4 Register of Wills Probate Fees 3,410.00 5 Register of Wills 326.00 Miscellaneous Charges Will $ 15 Codicil $ 15 Short Certificates $164 Automation Fee $ 5 JCP Fee $ 10 ___ Petitions $ 15 ~ ~ ": Misc. $ 2 _ ~--- _ ... _. . ~_ .. (2) Exemplified Copy OF PA Probate Proceedings $ 80 Filing Release $ 5 Filing Petition To Remove Co-Administrator $ 15 6 i - Cumberland Law Journal Legal Advertisement 75.00 j 7 I The Sentinel -Legal Advertisement 150.64 8 PP&L 367.43 Account No. 39360-69003 Electric Service To Decedent's Residence 11/10/08 $ 75.74 12/10/08 $ 69.55 12/28/08 $ 54.54 01/28/09 $ 63.11 02/24/09 $ 50.26 03/30/09 $ 54.23 9 Pennsylvania American Water 125.11 Account No. 24-0637444-3 Service To Decedent's Residence I 11/12/08 $ 25.55 12/11!08 $ 29.03 01/07/09 $ 27.64 01/28/09 $ 3.98 02/26/09 $ 20.82 03/27/09 $ 18.09 10 Borough Of Camp HIII Sewer 115.00 Account No. 1163-0 Serivice Location -Decedent's Residence Due 11/24/08 $52.50 02/02/09 $62.50 11 Don Wagner Landscaping -Yard Maintenance At Decedent's Camp 897.00 Hill Residence TOTAL. (Carry forward to main schedule) ..... . 5,466.18 i i Estate of: H. Eleanor Haselhuhn Schedule J, Part B -Administration Expenses Page 3 188-12-9996 ! Item ! number Description Amount 11 11/ /08 $547.00 12/24!08 $105.00 01/07/09 $ 45.00 02/05/09 $200.00 12 Comcast 232.45 Cable Service To Residence -- Due 11/07/08 $ 53.33 Due 12/ 108 $ 57.25 02/23!09 $121.87 13 QLT Consumer Lease Services (Phone) 55.44 Account No. 717-737-3023 10/02/08-12/02/08 36.96 > r,.-~ ~ 12/08/08 18.48 " _. - !,:: 14 Horseshoe Bay Maintenance Fund Inc. 194.96 ~ Account No. P037026 Lot No. 37026 I 15 Horseshoe Bay Maintenance Fund Inc. 194.96 j Account No. P037026 I Lot No. 37027 16 Giant -Cleaning Supplies 14.16 17 Lowe's -Home Maintenance Items 43.31 18 Rowe's Auction Service -Tangible Personal Property Appraisal 85.00 19 Dutys Lock, Safe & Security, inc. 170.50 20 Crop Bros. Inc. -Plumbing Repairs To Decedent's Residence 139.99 ~ 21 Leffler Energy 337.00 -Furnace Maintenance At Decedent's Residence $129.00 - Service Call and Repair at Winding Nill Road Property $208.00 22 Leffler Energy -Heating Oil For Decedent's Residence 1,978,79 11/18/08 $ 309.57 12/12/08 $ 361.06 01114!09 $348.99 01/27/09 $ 112.83 02/11 /09 $ 255.97 03/09/09 $ 298.40 03/31 /09 $ 291.97 23 Lefler Energy -Heating Oil Winding Hill Road Property 988.15 01!06/09 $458.21 TOTAL. (Carry forward to main schedule) ...... 4,434.71 - -- --- i I Page 4 ~ Estate of: H. Eleanor Haselhuhn I ,188-12-9996 Schedule J, Part B -Administration Expenses Item number Description Amount 23 02/18/09 $529.94 24 Q Credit Card Account 603 9002 5850 1 50 Finance Charge . 12/05/08 $1.50 25 Verizon ~^`+ t ' `' `~'' 227 79 717 737 3023 488 35Y _ _. ~ "' ;,~ - " , . 10!25/08-11/24/08 $ 28.14 ~~u 11125108-12/24/08 $ 23.13 01/20/09 $ 58.63 03/17/09 $11 26 Lowe's -Smoke Detectors and Cot Detectors for Decedent's 166.29 Residence 27 Steinmetz Coins & Currency -Coin Collection Appraisal 450.00 Estimated Cost 28 Penn Waste, Inc. 48.75 01/01/2009-03!31/2009 $ 48.75 29 Mark Heckman Real Estate. Appraisers -Appraisal of Camp Hill 400.00 Property 30 Mark Heckman - Appraisl Of Winding HiU Road Property 400.00 31 Anderson's Chimney Sweeps, Inc. -Level 1 Inspection Of Furnace 104.94 Chimney Flue At Camp Hill Residence 32 Carst Fuel Products, Inc. 204.00 Service Of Funcace At Winding Hill Property 33 Anderson's Chimney Sweeps, Inc. 2,334.45 Repair of Chimney Flue At Camp Hill Property 34 Don Wheatley -Replacement of Doors at 422 Winding Hill Road, 1,081.62 Mechanicsburg, Pennsylvania 35 Upper Allen Township 118.19 Sewer Service Account No. 553002 Serivice Location - E Winding Hlll Road 12/12/08 $ 118.19 01/12/09 $ 112.00 36 Corroon Insurance Corporation 1,143.00 -Annual Insurance Premium TOTAL. (Carry forward to main schedule) ...... 6,680.53 Page 5 Estate of: H. Eleanor Haselhuhn 188-12-9996 Schedule J, Part B -Administration Expenses Item number Description Amount 36 Camp Hill Residence a 37 Corroon Insurance Corporation ._ _ _ _ ~._,, 548 00 { _ , -Annual Insurance Premium --~ . Winding Hill Road Property ==- - • ~~ -~ R 38 Tiger Waste of York -Rental Of Dumpster To Clean Ourt Camp Hill 450 00 Residence . 39 Joe Newson -Trash Removal At Camp Hill Residence 250.00 40 Trash Dumpster 75.00 Camp Hill Property 41 Plumber 248.00 Camp Hill Residence - Repair Toiiet Leak f 42 Keefer Wood Allen & Rahal, LLP 543.56 - Reimbursement For Filing Fees, Copies, Telephone charges, ' Death Certificates, Telecopier Usage, Postage, Federal Express, etc. ~ Statement Dated March 10, 2009 $543.56 43 Pennsylvania Vital Records 135.00 - Death Certificates 12/01/08 $90.00 12/11/08 $45.00 44 Morgan Stanley -Service Charges 105,00 45 Janet Miiler, Tax Collector 5.00 - Certification Of Real Property Taxes For Camp Hifl Residence 46 S&R Contracting 500.00 - Repairs/Maintenance Winding Hill Road Property (Mold Remediation) Paid $4,000.00 Paid $5,390.85 Insurance Reimbursements $5,868.07 $ 3, 022.78 47 RAI Inspection Services 97 50 -Texas Real Property 48 QLT -Lease Phone Charges 42 88 49 Corroon Insurance Corporation 170.00 - Insurance Premium on Texas Real Property TOTAL. (Carry forward to main schedule) ...... 3,169.94 __ __ --- i Page 6 Estate of: H. Eleanor Haselhuhn 188-12-9996 Schedule J, Part B -Administration Expenses Item number Description Amount 50 Smith Barney -Investment Advisory Fee 1,128.59 Charged To Account No. 724-03950-17 on 10/17/08 51 PA Vital Records -Death Certificates 36.00 --''1.' -:~: TOTAL. (Carry forward to main schedule) ...... 1;164.59 I Form 706(Aev. Decedents Soc(al Security Number SCHEDULE K -Debts of the Decedent, and Mortaaaes anti i ~an~ ~•• •••-~~ ..rte..,.. •~ ~ti~~~~, a.~~:~~ u~c wnunu~uion scneawe tram the entl of this package or additional sheets of the same size.) (The instructions to Schedule K are in the separate instructions.) Schedule K -Page 25 VEA 706-25 (9!7/08) Page 2 I Estate of: H. Eleanor Haselhuhn 188-12-9996 Schedule K, Part 7 - Debts of the Decedent item number Description Amount unpaid to date Amount in contest Amount ciaimed as a deduction ~ 1 Good Shepard Church 0.00 0.00 25 00 i Outstanding Check Which Cleared Decedent's . i Citizens Bank Circle Gold Checking Account No. 610071-664-3 on October 14, 2008 i 2 PA American Water 0.00 0.00 26 58 . Direct Payment From Decedent's Citizens Bank . ' Circle Gold Checking Account No. 610071-664-3 I On October 15, 2008 3 Upper Allen Township '~"`~"~ "~ r' 112 00 Sewer Service __ .. - .. _ . Account No. 553002 Serivice Location - E Winding HIII Road Billing Period 07/01/08 to 09/30/08 $112 4 QCard b.00 0.00 29.63 Credit Card Account No. 603 9002 5850 5 Janet L. Miller, Tax Collector 0.00 0.00 5.50 2008 Personal Taxes (Bill Date 03/01/08; Due Without Discounts 07/01/2008) 6 $5,000 Demand Note dated March 20, 1996 to 0.00 0.00 5,000.00 the Non-Skip Trust U/VV of Donald H. Hashelhuhn, Deceased 7 $5,000 Demand Note dated March 20, 1996 to 0.00 0.00 5,000.00 the Skip Trust U/VN of Donald H. Hashelhuhn, Deceased 8 U.S. Treasury - 2008 Individual Income Tax 0.00 0.00 7,389.00 TOTAL. (Carry forward to main schedule) ...... 17,587.71 Neil Warner Yahn, Esquire Attorney I.D. No. 82278 Edward P. Seeber, Esquire Attorney I.D. No. 76084 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Petitioner IN RE: IN THE COURT OF COMMON PLEAS ESTATE OF ELEANOR HASELHUHN, :CUMBERLAND COUNTY, PENNSYLVANIA A/K/A HELEN ELEANOR HASELHUHN DEVON HASELHUHN, :ORPHANS' COURT DIVISION Petitioner v. NO. 1126 Year 2008 WACHOVIA BANK, N.A., GARY E. FRENCH, Esquire Respondent CERTIFICATE OF SERVICE I, NEIL WARNER YARN, Esquire, do hereby certify that I served a true and correct copy of the foregoing Petition for Proposed Distribution and Objections to Release upon the following below- named individuals by U.S. Mail, first class postage prepaid, at Hershey, Pennsylvania this ~ ~ day of May, 2009. SERVED UPON: Mary Ann Mohr 103 Ennerdale Lane Pittsburgh, PA 15237 Stephanie Kleinfelter, Esq. Keefer Wood Allen & Rahal, LLP 635 North 12~' Street, Suite 400 Lemoyne, Pa 17043 Attorneys for Respgffd~i~ NE~WAR~TER YAHN, ESQUIRE Attornev I.D #82278